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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. -
Chicano Impact on U.S. Comedy John Whiting-Call Eastern Washington University
Eastern Washington University EWU Digital Commons EWU Student Research and Creative Works 2014 Symposium Symposium 2014 Chicano Impact on U.S. Comedy John Whiting-Call Eastern Washington University Follow this and additional works at: http://dc.ewu.edu/srcw_2014 Part of the Chicana/o Studies Commons Recommended Citation Whiting-Call, John, "Chicano Impact on U.S. Comedy" (2014). 2014 Symposium. Paper 27. http://dc.ewu.edu/srcw_2014/27 This Article is brought to you for free and open access by the EWU Student Research and Creative Works Symposium at EWU Digital Commons. It has been accepted for inclusion in 2014 Symposium by an authorized administrator of EWU Digital Commons. For more information, please contact [email protected]. Chicanos and Their Impact in U.S. Comedy By John W‐C Synopsis • This presentation will give a brief history of Chicanos in comedy • It will also spotlight some of the most famous and impactful Chicano comedians • Racial stereotypes within comedy routines will be discussed • Finally, I will analyze the impact these comedians have in U.S. culture Early History of Chicano Comedy • Films originally portrayed Chicanos as thieves, bandits, savages, gangsters, or the helpless in need of Anglo assistance • Because of discrimination, Chicanos didn’t get the opportunity to exercise their comedy • The first Chicano to break mainstream was “Cheech” Marin in his 1978 film, Cheech and Chong: Up In Smoke Emergence of Chicanos in Comedy • After Marin, other comedians began to earn recognition, either as stand-up comedians, or actors • Paul Rodriguez emerged in the late 1980’s as a sitcom star and host of the Newlywed Game • George Lopez’s popular T.V. -
This Is No Laughing Matter: How Should Comedians Be Able to Protect Their Jokes?
Hastings Communications and Entertainment Law Journal Volume 42 Number 2 Summer 2020 Article 3 Summer 2020 This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes? Sarah Gamblin Follow this and additional works at: https://repository.uchastings.edu/hastings_comm_ent_law_journal Part of the Communications Law Commons, Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Sarah Gamblin, This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes?, 42 HASTINGS COMM. & ENT. L.J. 141 (2020). Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol42/iss2/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Communications and Entertainment Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. 2 - GAMBLIN_CMT_V42-2 (DO NOT DELETE) 4/8/2020 11:18 AM This is No laughing Matter: How Should Comedians Be Able to Protect Their Jokes? by SARAH GAMBLIN1 The only honest art form is laughter, comedy. You can’t fake it . try to fake three laughs in an hour—ha ha ha ha ha—they’ll take you away, man. You can’t.2 – Lenny Bruce Abstract This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. -
XM Launches Original Comedy Interview Show 'Unmasked'
NEWS RELEASE XM Launches Original Comedy Interview Show 'Unmasked' 9/12/2007 NEW SERIES KICKS OFF SEPTEMBER 22 WITH COMEDIC ICON GEORGE CARLIN WASHINGTON, Sept. 12 /PRNewswire-FirstCall/ -- XM, the nation's leading satellite radio service with more than 8.2 million subscribers, today announced the launch of "Unmasked," a new, original comedy series that will feature one-on-one interviews with some of the most talked about names in comedy. Comedic legend George Carlin will be the inaugural guest when "Unmasked" premieres exclusively on XM Saturday, September 22 at 8 p.m. ET. "Whenever I do an in-depth interview like this, I'm surprised that I learn things about myself and my work I hadn't realized before. It always opens my eyes," said George Carlin. Recorded before a live studio audience, "Unmasked" offers up candid, one- on-one interviews with both established and emerging comedic talent for an uncensored look into their creative process and the lives that shape their comedy. In addition to being the series premiere, the "Unmasked: George Carlin" episode will also be featured in the upcoming George Carlin career retrospective DVD box set, George Carlin: All My Stuff, which will be released September 25. The 14-disc collection includes Carlin's full "Unmasked" interview, filmed live in the Performance Theater at XM's Washington, D.C. studios. "We at XM are thrilled that George Carlin, celebrating his 50th year in comedy, will be the first guest as we launch this new thought-provoking show that offers an inside look into some of today's most compelling comedic minds," said Eric Logan, executive vice president, programming for XM. -
Is Change Always Good? the Adaptability of Social Norms and Incentives to Innovate
\\jciprod01\productn\N\NYL\18-2\NYL206.txt unknown Seq: 1 31-AUG-15 16:51 IS CHANGE ALWAYS GOOD? THE ADAPTABILITY OF SOCIAL NORMS AND INCENTIVES TO INNOVATE Jennifer Basch* Intellectual-property law generally incentivizes the creation of new works by offering legal protections that limit the public’s use of a particular work without the permission of its author for a period of time. Formal legal protections are not, however, the only means of enforcing ownership rights over creative works. In other areas where legal protections are minimal or even absent, certain groups have established informal rules that serve not only to protect intellectual property, but to promote innovation as well. So- cial norms are one of the informal systems that govern the relationship be- tween creators and users. Adapting to community needs over time, social norms help establish specialized rules for intellectual-property protection. While the interplay between intellectual-property laws and social norms has been thoroughly examined, this Note explores whether the adapt- ability of social norms promotes greater innovation and idea-sharing than would exist under a purely formal legal system. Comparing the protections offered by social norms and copyright law, I argue that depending on the nature of the group setting where the norms develop, the adaptability of social norms may actually limit innovation. Beginning with the Copyright Act of 1976, this Note demonstrates the limited nature of traditional intel- lectual-property law, in contrast to the development of more robust social norms. Through an examination of the social norms governing the areas of stand-up comedy and open-source software, this Note argues that loose-knit groups, in which creative control is dispersed among many members, pro- mote greater information-sharing and innovation than close-knit groups, in which control is hierarchical and centralized. -
Youtube at a Glance
Viacom International, Inc. v. Youtube, Inc. Doc. 395 10-3270 10-3342 IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT VIACOM INTERNATIONAL INC., COMEDY PARTNERS, COUNTRY MUSIC TELEVISION, INC., PARAMOUNT PICTURES CORPORATION, BLACK ENTERTAINMENT TELEVISION LLC, Plaintiffs-Appellants, (caption continued on inside cover) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SUPPLEMENTAL JOINT APPENDIX VOLUME VIII OF IX (Pages SJA-1788 to SJA-2085) – PUBLIC VERSION Paul M. Smith Theodore B. Olson William M. Hohengarten Matthew D. McGill Scott B. Wilkens GIBSON, DUNN & CRUTCHER LLP Matthew S. Hellman 1050 Connecticut Avenue, NW JENNER & BLOCK LLP Washington, DC 20036 1099 New York Avenue, NW (202) 955-8500 Washington, DC 20001 (202) 639-6000 Attorneys for Plaintiffs-Appellants (10-3270) (Counsel continued on inside cover) Dockets.Justia.com v. YOUTUBE, INC., YOUTUBE, LLC, GOOGLE INC., Defendants-Appellees. THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, on behalf of themselves and all others similarly situated, BOURNE CO., CAL IV ENTERTAINMENT, LLC, CHERRY LANE MUSIC PUBLISHING COMPANY, INC., NATIONAL MUSIC PUBLISHERS’ ASSOCIATION, THE RODGERS & HAMMERSTEIN ORGANIZATION, EDWARD B. MARKS MUSIC COMPANY, FREDDY BIENSTOCK MUSIC COMPANY, dba Bienstock Publishing Company, ALLEY MUSIC CORPORATION, X-RAY DOG MUSIC, INC., FEDERATION FRANCAISE DE TENNIS, THE MUSIC FORCE MEDIA GROUP LLC, SIN-DROME RECORDS, LTD., on behalf of themselves and all others similarly situated, MURBO MUSIC PUBLISHING, INC., STAGE THREE MUSIC (US), INC., THE MUSIC FORCE, LLC, Plaintiffs-Appellants, ROBERT TUR, dba Los Angeles News Service, THE SCOTTISH PREMIER LEAGUE LIMITED, Plaintiffs, v. YOUTUBE, INC., YOUTUBE, LLC, GOOGLE INC., Defendants-Appellees. -
The Performance of Intersectionality on the 21St Century Stand-Up
The Performance of Intersectionality on the 21st Century Stand-Up Comedy Stage © 2018 Rachel Eliza Blackburn M.F.A., Virginia Commonwealth University, 2013 B.A., Webster University Conservatory of Theatre Arts, 2005 Submitted to the graduate degree program in Theatre and the Graduate Faculty of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. Chair: Dr. Nicole Hodges Persley Dr. Katie Batza Dr. Henry Bial Dr. Sherrie Tucker Dr. Peter Zazzali Date Defended: August 23, 2018 ii The dissertation committee for Rachel E. Blackburn certifies that this is the approved version of the following dissertation: The Performance of Intersectionality on the 21st Century Stand-Up Comedy Stage Chair: Dr. Nicole Hodges Persley Date Approved: Aug. 23, 2018 iii Abstract In 2014, Black feminist scholar bell hooks called for humor to be utilized as political weaponry in the current, post-1990s wave of intersectional activism at the National Women’s Studies Association conference in San Juan, Puerto Rico. Her call continues to challenge current stand-up comics to acknowledge intersectionality, particularly the perspectives of women of color, and to encourage comics to actively intervene in unsettling the notion that our U.S. culture is “post-gendered” or “post-racial.” This dissertation examines ways in which comics are heeding bell hooks’s call to action, focusing on the work of stand-up artists who forge a bridge between comedy and political activism by performing intersectional perspectives that expand their work beyond the entertainment value of the stage. Though performers of color and white female performers have always been working to subvert the normalcy of white male-dominated, comic space simply by taking the stage, this dissertation focuses on comics who continue to embody and challenge the current wave of intersectional activism by pushing the socially constructed boundaries of race, gender, sexuality, class, and able-bodiedness. -
LA Comedy Guide Looking for Some Laughs but Don't Know Where to Find Them? Check out These Tips From
LA Comedy Guide Looking for some laughs but don't know where to find them? Check out these tips from Highlights of the Month The Naughty Show Thursday, January 27 10pm Hollywood Improv Sam Tripoli serves as ringmaster for this variety show straight from Sodom & Gomorrah. Sketch comedy, stand-up, mind-blowing pole dancing, porn star fan mail, songs, videos and the Golden Schlong Award make this one of the most fun ways to spend a couple of hours with your clothes on. The Walsh Brothers Show Tuesday, Jan 25 11 pm UCB Theater The phrase “alt comedy” gets thrown around a lot. But the Walsh Brothers put on a show that's truly something different and exciting. Absurd characters, “are they serious?” sketches and straight stand up are all on tap for this rocking good time. This is Not Happening Feb 3rd Hollywood Improv Ari Shaffir produces this monthly event that lets great comedians stretch themselves a little and just tell a story. There's still plenty of laughs, though, as each one spins a great yarn on the chosen topic like fights, drugs, love, or run-ins with the law. LA Comedy Guide January 2011 comedygroupie.com Everyday Awesomeness There's great comedy every day, check out these regular shows and great performers Red Rock Comedy Sundays 9 pm - $5 suggested donation 8782 Sunset (at Holloway) Dinah Leffert & Classy Lauren Brenner have assembled some of the most fun comedians around - like Shawn Halpin, Eliot Chang, Kato Kaelin (yes, that one!), Bryan Callen and The Greg Wilson – to keep you laughing while you get good and drunk Meltdown Show Wednesdays 8:30 pm - $8 Meltdown Comics - 7522 Sunset (at Gardner) comedymeltdown.com Nerd alert! Smart comedy from funny folks like Moshe Kasher, Kyle Kinane, Jackie Kashian, Rob Delaney and hosts Kumail Nanjiani and Jonah Ray. -
HOLOPAW Your Pathway to FLORIDA STATE UNIVERSITY
NAME 2016 STUDENT ORIENTATION HOLOPAW Your Pathway to FLORIDA STATE UNIVERSITY dos.fsu.edu/newnole ORIENTATION CHECKLIST Get your FSUCard Attend all of your orientation sessions Check your financial aid application status Purchase your dining membership Check on your housing application status Take a tour of campus Verify receipt of Immunization/Health Records at University Health Services Verify compliance with the Mandatory Health Insurance Policy 1 WELCOME Dear Seminoles, Welcome to Orientation at Florida State University! We are very excited that you are here and look forward to spending this time with you. Orientation is designed to help students prepare for college and to assist family members in understanding their student’s transition. Over a two day period, you will be attending presentations and programs that have been specifically designed for students and families. The Holopaw, a Creek Indian word meaning “pathways”, is your guide to campus while at orientation and beyond. We believe that orientation will serve as the first step in your journey toward becoming part of the rich heritage that is Florida State University. In the following pages you will find your orientation schedule.Some of the programs are together with your family and guests, while others are not. We ask that you only attend sessions that are on your schedule. You will be given the same information throughout orientation and have plenty of time to speak with each other. Please remember that students are required to attend all of their orientation programs before they will be cleared for course registration and attendance will be carefully taken during sessions. -
Does Equity Pass the Laugh Test?: a Response to Oliar and Sprigman
VIRGINIA LAW REVIEW IN BRIEF VOLUME 95 APRIL 20, 2009 PAGES 9-17 RESPONSE DOES EQUITY PASS THE LAUGH TEST?: A RESPONSE TO OLIAR AND SPRIGMAN Henry E. Smith* OPYRIGHT law may not be the answer, but what is the question? C Dotan Oliar and Christopher Sprigman explore an example of a norm system—the one among stand-up comedians against joke theft— and show why it is likely superior to use of copyright to protect rights in jokes.1 In the course of their study they document both how formal copyright law is unsuited to protecting comedic material and what type of norm system, enforced by other comics and booking agents, has sprung up in its stead. From a property point of view, the likely bi-causal relationship between the development of the antiplagiarism norm and the rise of narrative, observational, and social commentary-style comedy out of earlier vaudeville and post-vaudeville styles is now, thanks to Oliar and Sprigman, one of the better documented cases of Demsetzian development we have.2 Oliar and Sprigman also argue that for all its dangers of mob justice and extreme simplicity, the norm system does protect investments in developing comedic material and is likely more * Professor of Law, Harvard Law School. Email: [email protected]. 1 Dotan Oliar & Christopher Sprigman, There's No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, 94 Va. L. Rev. 1787 (2008). 2 See Harold Demsetz, Toward a Theory of Property Rights, 57 Am. Econ. Rev. 347–48, 350–58 (1967) (Papers & Proceedings); see also Symposium, The Evolution of Property Rights, 31 J. -
February 2008.Pmd
FEBRUARYFEBRUARY 20082008 PRODUCTION IN PALM BEACH COUNTY GROWS IN 2007! Production in Palm Beach County (PBC) rose 12% in 2007 to a total of $128,328,641 and hotel room nights have increased as well! PBC Film Commissioner, Chuck Elderd feels that Black Entertainment Television’s (BET) Spring Bling and the Palm Beach International Film Festival (PBIFF) are perfect examples of programs that have enhanced event based tourism. Elderd said, “These kinds of entertaining and high-end marketing vehicles are the key to drawing new visitors to PBC.” Other major productions that shot in the County include CBS’s Cane, commercials for Giant Food Stores, the Florida Marlins and LA Weight Loss and still photography shoots for Lacoste, Land Rover and Lilly Pulitzer. These projects brought plenty of cast and crew that stayed in local hotels and ate in area restaurants. Some of PBC’s most unique locations including the Singer Island Beach in Riviera Beach, Sugarcane Fields in Pahokee and the Ann Norton Sculpture Gardens in West Palm Beach were featured in a range of projects. Hotels such as the Boca Courtyard Marriott, Hotel biba, the West Palm Beach Marriott, the Colony Hotel,Palm Beach and countless others welcomed productions throughout the year. Local industry professionals also think the state of the industry in PBC is strong! Monte Young, Young Entertainment Producer, believes that production in PBC will stay consistent with independent films and commercials leading the way, and Bob Peterson of National Teleproductions feels that as the mobile platform continues to dominate the industry, a greater number of small companies will produce videos at a lower cost than the standard.