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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. -
Aug 24, 2015 Orientation
CampusMONDAY, AUGUST 24, 2015 / ORIENTATION ISSUE Times SERVING THE UNIVERSITY OF ROCHESTER COMMUNITY SINCE 1873 / campustimes.org Welcome Class of 2019! ‘SCIENCE GUY’ AUTUMN HOT THE FRESHMAN INSIDE TO COME TO UR SPOTS SPORTS EXPERIENCE Bill Nye will be coming to A new freshman’s guide to Freshmen varsity athletes move Rochester for Yellowjacket the best places to visit in in early, getting a unique first THIS CT Weekend. Rochester—on campus and off. look at campus. PAGE 3 NEWS PAGE 5 FEATURES PAGE 11 SPORTS PAGE 2 / campustimes.org ADVERTISEMENT / MONDAY, AUGUST 24, 2015 MONDAY, AUGUST 24, 2015 / NEWS campustimes.org / PAGE 3 Photonics institute to New building lays foundation for be headquarted in Data Science at UR downtown Rochester BY ANGELA LAI NEWS EDITOR research project that will be part of the connection between artificial BY SAM PASSANISI their course work for their degree.” intelligence and neuroscience. NEWS EDITOR a statement that the institute’s On the first day of classes, Aug. Kautz added that the Institute While the Data Science program headquarters would be located in 31, construction workers will begin is working on providing “more emphasizes graduate education, its After almost a year of deliberation, the Legacy Tower, formerly the laying the foundation for Wegmans support and organization for classes and research projects will Rochester was announced in headquarters of Bausch + Lomb. In Hall, the planned 58,000-square students’ internships,” with plans also involve undergraduates. Kautz July as the headquarters for response to Liehr’s statement, UR foot building which will house for an industrial affiliates fair in the foresees “a lot more opportunities the federal government’s new President Joel Seligman, Wegmans the Goergen Institute for Data winter where students interested in for student research” in general. -
Exploring Queer Expressions in Mens Underwear Through Post Internet Aesthetic As Vaporwave
Mens underwear :Exploring queer expressions in mens underwear through post internet aesthetic as Vaporwave. Master in fashion design Mario Eurenius 2018.6.09. 1. Abstract This work explores norms of dress design by the use of post internet aesthetics in mens underwear. The exploration of underwear is based on methods formed to create a wider concept of how mens underwear could look like regarding shape, color, material and details. Explorations of stereotypical and significant elements of underwear such as graphics and logotypes has been reworked to create a graphical identity bound to a brand. This is made to contextualize the work aiming to present new options and variety in mens underwear rather than stating examples using symbols or stereotypic elements. In the making of the examples for this work the process goes front and back from digital to physical using different media to create compositions of color, graphic designs and outlines using transfer printer, digital print, and laser cutting machine. Key words: Mens underwear, graphic, colour, norm, identity, post internet, laser cut. P: P: 2 Introduction to the field 3 Method 15 What is underwear? 39 Shape, Rough draping Historical perspective 17 Male underwear and nudity 41 From un-dressed to dressed 18 Graphics in fashion and textiles 42 Illustrator sketching 19 Differencesin type and categories of mensunderwear 43 shape grapich design 2,1 Background 3.1 Developement 45 collection of pictures 49 Colour 20 Vaporwave 50 Rough draping Japanese culture 21 Mucis 55 Rough draping 2 22 -
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. -
Dhruva Krishna 5 I N 13 14 T H I S 19 20 Issue 24
March 2016 DHRUVA KRISHNA 5 I N 13 14 T H I S 19 20 ISSUE 24 2 Letter from the Editor Concert Reviews Essays Mixtape Dhruva Krishna Album Reviews 3 MASTHEAD Editor-in-Chief Arun Marsten Assistant Editor Imogen Todd Design/Layout Director Sharon Yu Photo Editor Lucy Denegre Copy Director Danielle Maly Public Relations Chief Donovan Powers Web Editor Christopher Schuler Writing Staff Brooke Ley, David Dwyer, Ali Kidwai, Evi Bernitsas, Donovan Powers, Chris Schuler, Dhruva Krishna, Andrew Kim, Arun Marsten, Lucy Denegre, Imogen Todd Photo Staff Mark Egge, Katherine Martinez, Tiffany Jiang, Lucy Denegre Editing Staff Chris Schuler, Daniel DeLuca, Danielle Maly, Julie Heming, Emily Porat, Naomi Berman, Justin Kelly, Charles Hutchinson, Geneva Jackson, Vicki Long, Sonia Del Rivo, Lawrence Xu, Izzy McCarthy Design Staff Jasmine Lim, Emily Porat, Allison Auyeung, David Perry, Imogen Todd 4 LETTER FROM THE EDITOR Right now, I’m sitting at Commonplace locals (this is why we can’t have nice things). freezing my ass off while I write this letter, and I honestly can’t tell if my teeth are chattering In the field of music journalism, there are some or I’m gritting them because I’m furious that tough questions that get asked, and there are this is the Steel City’s idea of April. You’d think some dirty jobs that no one wants to do. That’s that between Hillary Clinton coming to CMU why I feel it’s important to give a special shout and someone painting “Donald Trump 2016” out to Brooke Ley, who took on the task of on the fence, all of the political heat on campus writing about why pop country has gotten a would help offset the snowy weather, but I’m reputation in recent years of being trash music still #feelingthebern of frozen fingers on my for garbage people. -
SWIM K-6 IGNITE Welcome to the 30Th Issue of the Oxley College Fortnightly Magazine
MAGAZINE PIN OAK ISSUE 30: TERM 1, MARCH 4, 2016 Welcome to the 30th issue of the Oxley College fortnightly magazine. IGNITE SWIM K-6 Contents 3 Headmaster’s Report 4 Big Issue 5 Films, Music, Books 6 K - 6 News 7 More K-6 YEAR 8 MEDIEVAL FEAST 8 Feature Article 10 Deputy Head Reports 11 In the Spotlight 12 MAD 13 On the Branch 14 Gallery 15 Calendar 16 Sport Pin Oak Team Editors in Chief Kaarina Allen, Cate Patterson, Heidi Bevan and Isabella Knowles Student Editorial Team Ella Moran, Jemima Taylor, Izzy Moore, Tom Hill Sports Editors Charlie Dummer, Ted Otavaino Student Photographers Olivia Donovan, Catriona Uliana and George Simpson Head Designers Emma Croker, Grace Patterson and Lachlan Billington- Phillips Design Assistants Savannah Sandilands, Bree Feary, Cameron Grice, Tom Whyte, Holly Jefford, Catriona Uliana Head of Marketing and PR Emma Calver Staff Editor Beattie Lanser Oxley College Railway Road, Burradoo, NSW, 2576. Ph: 4861 1366 [email protected] 02 HEADMASTER’S REPORT Last week I spent four days in Botswana making a relationship personable people many of whom would work well at Oxley. with two schools- Sedie Junior School and Mathibe Primary There is a decent hotel 700 metres away. School (they are on the same site). I am confident we can At the same time there are real challenges. Many of the ‘twin’ with them. They are safe, vibrant, in-need schools to students walk five or six kilometres a day to and from school which we can contribute and from whom we can learn a lot. -
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. -
The Wiki Music Dataset: a Tool for Computational Analysis of Popular Music
The Wiki Music dataset: A tool for computational analysis of popular music Fabio Celli Profilio Company s.r.l. via sommarive 18, 38123 Trento, Italy Email: fabio@profilio.co Abstract—Is it possible use algorithms to find trends in monic and timbral properties that brought changes in music the history of popular music? And is it possible to predict sound around 1964, 1983 and 1991 [14]. Beside these research the characteristics of future music genres? In order to answer fields, there is a trend in the psychology of music that studies these questions, we produced a hand-crafted dataset with the how the musical preferences are reflected in the dimensions intent to put together features about style, psychology, sociology of personality [11]. From this kind of research emerged the and typology, annotated by music genre and indexed by time MUSIC model [20], which found that genre preferences can and decade. We collected a list of popular genres by decade from Wikipedia and scored music genres based on Wikipedia be decomposed into five factors: Mellow (relaxed, slow, and ro- descriptions. Using statistical and machine learning techniques, mantic), Unpretentious, (easy, soft, well-known), Sophisticated we find trends in the musical preferences and use time series (complex, intelligent or avant-garde), Intense (loud, aggressive, forecasting to evaluate the prediction of future music genres. and tense) and Contemporary (catchy, rhythmic or danceable). Is it possible to find trends in the characteristics of the genres? Keywords—Popular Music, Computational Music analysis, And is it possible to predict the characteristics of future genres? Wikipedia, Natural Language Processing, dataset To answer these questions, we produced a hand-crafted dataset with the intent to put together MUSIC, style and sonic features, I. -
Austrian Rap Music and Sonic Reproducibility by Edward
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ETD - Electronic Theses & Dissertations The Poetic Loop: Austrian Rap Music and Sonic Reproducibility By Edward C. Dawson Dissertation Submitted to the Faculty of the Graduate School of Vanderbilt University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY in German May 11, 2018 Nashville, Tennessee Approved: Christoph M. Zeller, Ph.D. Lutz P. Koepnick, Ph.D. Philip J. McFarland, Ph.D. Joy H. Calico, Ph.D. Copyright © 2018 by Edward Clark Dawson All Rights Reserved ii For Abby, who has loved “the old boom bap” from birth, and whose favorite song is discussed on pages 109-121, and For Margaret, who will surely express a similar appreciation once she learns to speak. iii ACKNOWLEDGEMENTS This work would not have been possible without an Ernst Mach Fellowship from the Austrian Exchange Service (OeAD), which allowed me to spend the 2015-16 year conducting research in Vienna. I would like to thank Annagret Pelz for her support, as well as all the participants in the 2015-2016 Franz Werfel Seminar, whose feedback and suggestions were invaluable, especially Caroline Kita and organizers Michael Rohrwasser and Constanze Fliedl. During my time in Vienna, I had the opportunity to learn about Austrian rap from a number of artists and practitioners, and would like to thank Flip and Huckey of Texta, Millionen Keys, and DJ Taekwondo. A special thank you to Tibor Valyi-Nagy for attending shows with me and drawing my attention to connections I otherwise would have missed. -
Vaporwave: Microculturas Artísticas Na Era Da Internet
Universidade de Brasília Faculdade de Comunicação Departamento de Audiovisual e Publicidade Trabalho de Conclusão de Curso em Publicidade e Propaganda Orientadora: Isabella Lara Oliveira Vaporwave: Microculturas artísticas na era da internet. Caio Roberto Costa Caldas 14/0055983 Brasília - DF 1/2018 Universidade de Brasília Faculdade de Comunicação Departamento de Audiovisual e Publicidade Trabalho de Conclusão de Curso em Publicidade e Propaganda Vaporwave: Microculturas artísticas na era da internet. Caio Roberto Costa Caldas Monografia apresentada como pré-requisito para obtenção do grau de Bacharel em Comunicação Social do curso de Publicidade e Propaganda, da Faculdade de Comunicação, Universidade de Brasília, tendo como orientadora a professora Isabella de Oliveira Lara. Brasília - DF 1/2018 1 Universidade de Brasília Faculdade de Comunicação Departamento de Audiovisual e Publicidade Trabalho de Conclusão de Curso em Publicidade e Propaganda Caio Roberto Costa Caldas - 14/0055983 Banca Examinadora ____________________________________ Professora Isabella Lara Oliveira (Orientadora) ____________________________________ Professor Wagner Antônio Rizzo (Examinador) ____________________________________ Professor Rafael Dietzsch (Examinador) ____________________________________ Professora Selma Regina Nunes Oliveira (Examinadora suplente) 2 “A teoria e cultura pós-modernas celebram o fim da história e, de certa forma, o fim da razão, renunciando a nossa capacidade de entender e encontrar sentido até no que não tem sentido.” Manuel Castells, -
LIFESTYLE | PEOPLE | MUSIC | FASHION | EVENTS & MORE Sing PHONK | NOVEMBER 2019
11.19 LIFESTYLE | PEOPLE | MUSIC | FASHION | EVENTS & MORE Sing PHONK | NOVEMBER 2019 Dela VORWORT INDEX Sing Liebe Phonk-Leser, unsere Oktober-Ausgabe widmen 03. INDEX & VORWORT Alle singen, wir all jenen, die uns mit findigen 04. PREVIEWS Ideen das Leben leichter machen. 10. TALKBOX all night long. Wir haben im Hundekindergarten 14. INTERVIEW GREGOR MEYLE TomDog vorbeigeschaut, wo euer 16. PORTRAIT LEIDENSCHAFT Hits von ABBA geliebter Vierbeiner unterkommt, 20. PORTRAIT TOMDOG bis Ed Sheeran. wenn ihr wegen Arbeit oder Urlaub 22. INTERVIEW TENNO SUSHI mal keine Zeit für ihn habt. Mit liva 24. FUNDSTÜCK UNVERPACKT hat jetzt außerdem Heilbronns ers- 28. SPECIAL REPORT 5G ter Unverpackt-Laden eröffnet, 30. PORTRAIT WHITE HEAVEN den wir euch im Portrait vorstellen. 32. TECH-NEWS Natascha Rusche hat sich derweil 34. CLUBPORTRAIT GREEN DOOR den Traum vom eigenen Friseur- 36. BEHIND THE BEATS salon erfüllt und begrüßt ihre Kun- 40. FASHION den jetzt bei „Leidenschaft“. Wir 42. GADGETS erzählen euch zudem mehr zu den 44. AUDIO 5G-Netz-Plänen in Heilbronn und 46. YUMMY der Musiker Gregor Meyle stand uns 48. SPIELERPORTRAIT vor seinem kommenden Auftritt in 50. PHONKS CROSS Neckarsulm im Interview Rede und 52. DATES Antwort. 60. PARTYPICS 74. IMPRESSUM / CLUBGUIDE Viel Spaß mit diesen und allen weiteren Fr., 22.11.2019, 20:00 Uhr Themen im Heft wünscht euch Tickets Audi Forum Neckarsulm Eure Phonk-Redaktion Kartenvorverkauf: Audi Forum Neckarsulm (07132 31-70110) In allen Reservix-Vorverkaufsstellen (www.reservix.de) 12/9 EUR zzgl. Gebühren PREVIEW PREVIEW GREGOR MEYLE & BAND @ AUDI FORUM NECKARSULM SING DELA SING @ AUDI FORUM NECKARSULM Viele kennen Gregor Meyle aus „Sing Dabei bleibt er immer er selbst – „Sing dela Sing“ ist in Berlin seit Start Sasha, Peter Fox und Kraftclub – mit meinen Song - Das Tauschkonzert“ echt, interessiert und unverkennbar.