The Rise and Fall of Fair Use: the Protection of Literary Materials Against Copyright Infringement by New and Developing Media
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COPYRIGHT LAW AS an ENGINE of PUBLIC INTEREST PROTECTION Haochen Sun University of Hong Kong
Northwestern Journal of Technology and Intellectual Property Volume 16 | Issue 3 Article 1 2019 COPYRIGHT LAW AS AN ENGINE OF PUBLIC INTEREST PROTECTION Haochen Sun University of Hong Kong Recommended Citation Haochen Sun, COPYRIGHT LAW AS AN ENGINE OF PUBLIC INTEREST PROTECTION, 16 Nw. J. Tech. & Intell. Prop. 123 (2019). https://scholarlycommons.law.northwestern.edu/njtip/vol16/iss3/1 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTER N J O U R N A L OF TECHNOLOG Y AND INTELLECTUAL PROPERT Y COPYRIGHT LAW AS AN ENGINE OF PUBLIC INTEREST PROTECTION Haochen Sun March 2019 VOL. 16, NO. 3 © 2019 by Northwestern University Pritzker School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2019 by Northwestern University Pritzker School of Law Volume 16, Number 3 (2019) Northwestern Journal of Technology and Intellectual Property COPYRIGHT LAW AS AN ENGINE OF PUBLIC INTEREST PROTECTION Haochen Sun* ABSTRACT—Courts around the world have been confronted with bewilderingly complex challenges in protecting the public interest through copyright law. This article proposes a public interest principle that would guide courts to settle fair use cases with better-informed decisions. I argue that the proposed principle would legally upgrade fair use from serving as an engine of free expression to serving as an engine of public interest protection. Based on comparative study of the conflicting rulings handed down by the U.S. -
In Nineteenth-Century American Theatre: the Image
Burlesquing “Otherness” 101 Burlesquing “Otherness” in Nineteenth-Century American Theatre: The Image of the Indian in John Brougham’s Met-a-mora; or, The Last of the Pollywogs (1847) and Po-Ca-Hon-Tas; or, The Gentle Savage (1855). Zoe Detsi-Diamanti When John Brougham’s Indian burlesque, Met-a-mora; or, The Last of the Pollywogs, opened in Boston at Brougham’s Adelphi Theatre on November 29, 1847, it won the lasting reputation of an exceptional satiric force in the American theatre for its author, while, at the same time, signaled the end of the serious Indian dramas that were so popular during the 1820s and 1830s. Eight years later, in 1855, Brougham made a most spectacular comeback with another Indian burlesque, Po-Ca-Hon-Tas; or, The Gentle Savage, an “Original, Aboriginal, Erratic, Operatic, Semi-Civilized, and Demi-savage Extravaganza,” which was produced at Wallack’s Lyceum Theatre in New York City.1 Both plays have been invariably cited as successful parodies of Augustus Stone’s Metamora; or, The Last of the Wampanoags (1829) and the stilted acting style of Edwin Forrest, and the Pocahontas plays of the first half of the nineteenth century. They are sig- nificant because they opened up new possibilities for the development of satiric comedy in America2 and substantially contributed to the transformation of the stage picture of the Indian from the romantic pattern of Arcadian innocence to a view far more satirical, even ridiculous. 0026-3079/2007/4803-101$2.50/0 American Studies, 48:3 (Fall 2007): 101-123 101 102 Zoe Detsi-Diamanti -
Il Lasca’ (1505‐1584) and the Burlesque
Antonfrancesco Grazzini ‘Il Lasca’ (1505‐1584) and the Burlesque Poetry, Performance and Academic Practice in Sixteenth‐Century Florence Antonfrancesco Grazzini ‘Il Lasca’ (1505‐1584) en het burleske genre Poëzie, opvoeringen en de academische praktijk in zestiende‐eeuws Florence (met een samenvatting in het Nederlands) Proefschrift ter verkrijging van de graad van doctor aan de Universiteit Utrecht op gezag van de rector magnificus, prof.dr. J.C. Stoof, ingevolge het besluit van het college voor promoties in het openbaar te verdedigen op dinsdag 9 juni 2009 des ochtends te 10.30 uur door Inge Marjo Werner geboren op 24 oktober 1973 te Utrecht Promotoren: Prof.dr. H.A. Hendrix Prof.dr. H.Th. van Veen Contents List of Abbreviations..........................................................................................................3 Introduction.........................................................................................................................5 Part 1: Academic Practice and Poetry Chapter 1: Practice and Performance. Lasca’s Umidian Poetics (1540‐1541) ................................25 Interlude: Florence’s Informal Literary Circles of the 1540s...........................................................65 Chapter 2: Cantando al paragone. Alfonso de’ Pazzi and Academic Debate (1541‐1547) ..............79 Part 2: Social Poetry Chapter 3: La Guerra de’ Mostri. Reviving the Spirit of the Umidi (1547).......................................119 Chapter 4: Towards Academic Reintegration. Pastoral Friendships in the Villa -
The Right of Publicity - Heirs' Right, Advertisers' Windfall, Or Courts' Nightmare
DePaul Law Review Volume 31 Issue 1 Fall 1981 Article 2 The Right of Publicity - Heirs' Right, Advertisers' Windfall, or Courts' Nightmare Richard B. Hoffman Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Richard B. Hoffman, The Right of Publicity - Heirs' Right, Advertisers' Windfall, or Courts' Nightmare, 31 DePaul L. Rev. 1 (1981) Available at: https://via.library.depaul.edu/law-review/vol31/iss1/2 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. THE RIGHT OF PUBLICITY-HEIRS' RIGHT, ADVERTISERS' WINDFALL, OR COURTS' NIGHTMARE? Richard B. Hoffman * The use of celebrities' names, pictures, and other identifying character- istics in connection with the mass merchandising of consumer products and services has increased greatly in the last decade. Because a celebrity adds audience appeal to the commercial products that he or she endorses, like the presence of a much-publicized trademark, the purchasing public's desire to obtain such products is enhanced. This merchandising phenomenon, coupled with the media's increased use of the personal attributes' of the famous in connection with fictionalized movies and novels,2 has escalated the judicial development of the right of publicity doctrine. A review of the current cases concerning this right of recent origin3 reveals that celebrities and their heirs are no longer content to permit unauthorized commercial uses and media portrayals of their publicity rights to go unchallenged. -
Torts--Libel and Slander--Fair Comment (Tracy V. Kline & Son, Inc
St. John's Law Review Volume 23 Number 2 Volume 23, April 1949, Number 2 Article 19 Torts--Libel and Slander--Fair Comment (Tracy v. Kline & Son, Inc., 274 App. Div. 149 (3d Dep't 1948)) St. John's Law Review Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Recent Development in New York Law is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. 1949) RECENT DECISIONS conditions for imposing liability are required as are found requisite under the Tenement House Law, the Multiple Dwelling Law, and under common law principles. Whether California in the future will follow the Pennington case is a conjectural matter. Nevertheless, in all cases of latent de- fects arising subsequently to the beginning of the term, California imposes liability in accord with established principles as exemplified in the Forrestercase. M. A. S. TORTS-LIBEL AND SLANDER-FAIR COMMENT.-The plaintiff is a district attorney. He commenced this action against a news- paper publisher alleging the publication of two defamatory articles. The first article stated that a petition had been filed with the gov- ernor requesting him to name a competent attorney to conduct an investigation of a case which the plaintiff had handled. The second article contained a statement of an attorney criticizing the method in which the plaintiff had handled the aforementioned case, and by in- nuendo charged the plaintiff with incompetency. -
The Propriety of Closing Arguments
DIGEST OF CASES ON THE PROPRIETY OF CLOSING ARGUMENTS A. IN GENERAL Living Centers of Texas, Inc. v. Penalver, 217 S.W.3d 44 Tex.App.San.Antonio,2006. Requirement that trial counsel confine their argument strictly to the evidence and to the arguments of opposing counsel does not mean that jury arguments must be sterile or nondescript; instead, counsel has great latitude in discussing the facts and issues, and may discuss the environments or circumstances of the case, the reasonableness or unreasonableness of the evidence, and the probative effect, or lack thereof, of the evidence. In jury argument the facts of the case may be related to history, fiction, personal experience, anecdotes, Bible stories, or jokes. Green v. Charleston Area Medical Center, Inc., 600 S.E.2d 340 W.Va.,2004 Great latitude is allowed counsel in argument of cases, but counsel must keep within the evidence, not make statements calculated to inflame, prejudice, or mislead the jury, nor permit or encourage witnesses to make remarks which would have a tendency to inflame, prejudice, or mislead the jury. Bender v. Adelson, 901 A.2d 907 N.J.,2006 As a general matter, counsel is allowed broad latitude in summation and counsel may draw conclusions even if the inferences that the jury is asked to make are improbable, perhaps illogical, erroneous or even absurd. Whirlpool Corp. v. Camacho, 251 S.W.3d 88 Tex.App.Corpus.Christi,2008 Plaintiffs' attorney did not improperly seek to inflame the passions and prejudices of jury during products liability trial arising from fatal -
Fair Comment RALPH E
CORE Metadata, citation and similar papers at core.ac.uk Provided by KnowledgeBank at OSU Fair Comment RALPH E. Boxa* NATURE OF THE DEFENSE A quarter of a century has passed since Professor Hallen ex- haustively explored the role of fair comment in actions for defama- tion.' His analysis has withstood the passing of time. A review of the subject to date shows numerous litigation and a plethora of ap- plication but little in the nature of fundamental development. This writer, a former student of the late Professor, is pleased to par- ticipate in honoring him by reconsidering this segment of hig specialized subject. At the outset it may be noted that there is still conflict and uncertainty as to the exact nature of the defense of fair comment. It has been denominated as both a right2 and a privilege. 3 It has also been said that its exact nature is of no consequence since im- munity results in either case.4 The English view concerning the nature of fair comment as a right is succintly stated thus: It is the right of everyone, not the privilege of any par- ticular individual, to comment fairly and honestly on any matter of public interest, and the defense of fair comment is equally applicable whether the criticism be oral or writ- ten. The defense that the words complained of are fair comment on a matter of public interest is not confined to journalists or any other class of persons but is open to every defendant. 5 Many English and some American cases and writers take the same view.6 The view of privilege is stated as follows: * Associate Professor, School of Law, University of Miami, Florida; Member of the Ohio Bar. -
Defamation and the Right of Privacy
Vanderbilt Law Review Volume 15 Issue 4 Issue 4 - October 1962 Article 4 10-1962 Defamation and the Right of Privacy John W. Wade, Dean Vanderbilt Law School Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Privacy Law Commons, and the Torts Commons Recommended Citation John W. Wade, Dean, Defamation and the Right of Privacy, 15 Vanderbilt Law Review 1093 (1962) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol15/iss4/4 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Defamation and the Right of Privacy JOHN W. WADE* In this article Dean Wade discusses the scope of the tort of un- warranted invasion of the right of privacy, comparing and contrasting it with the tort of defamation. He observes that the action for invasion of the right of privacy may come to supplant the action for defamation and that this development should be welcomed by the courts and writers. Finally, he concludes that the whole law of privacy may someday be- come a part of the larger, more comprehensive tort of intentional in- fliction of mental suffering. I. INTRODUOTMON The history of the two torts of defamation and unwarranted invasion of the right of privacy has been greatly different. Defamation developed over a period of many centuries, with the twin torts of libel and slander having completely separate origins and historical growth. -
Tolono Library CD List
Tolono Library CD List CD# Title of CD Artist Category 1 MUCH AFRAID JARS OF CLAY CG CHRISTIAN/GOSPEL 2 FRESH HORSES GARTH BROOOKS CO COUNTRY 3 MI REFLEJO CHRISTINA AGUILERA PO POP 4 CONGRATULATIONS I'M SORRY GIN BLOSSOMS RO ROCK 5 PRIMARY COLORS SOUNDTRACK SO SOUNDTRACK 6 CHILDREN'S FAVORITES 3 DISNEY RECORDS CH CHILDREN 7 AUTOMATIC FOR THE PEOPLE R.E.M. AL ALTERNATIVE 8 LIVE AT THE ACROPOLIS YANNI IN INSTRUMENTAL 9 ROOTS AND WINGS JAMES BONAMY CO 10 NOTORIOUS CONFEDERATE RAILROAD CO 11 IV DIAMOND RIO CO 12 ALONE IN HIS PRESENCE CECE WINANS CG 13 BROWN SUGAR D'ANGELO RA RAP 14 WILD ANGELS MARTINA MCBRIDE CO 15 CMT PRESENTS MOST WANTED VOLUME 1 VARIOUS CO 16 LOUIS ARMSTRONG LOUIS ARMSTRONG JB JAZZ/BIG BAND 17 LOUIS ARMSTRONG & HIS HOT 5 & HOT 7 LOUIS ARMSTRONG JB 18 MARTINA MARTINA MCBRIDE CO 19 FREE AT LAST DC TALK CG 20 PLACIDO DOMINGO PLACIDO DOMINGO CL CLASSICAL 21 1979 SMASHING PUMPKINS RO ROCK 22 STEADY ON POINT OF GRACE CG 23 NEON BALLROOM SILVERCHAIR RO 24 LOVE LESSONS TRACY BYRD CO 26 YOU GOTTA LOVE THAT NEAL MCCOY CO 27 SHELTER GARY CHAPMAN CG 28 HAVE YOU FORGOTTEN WORLEY, DARRYL CO 29 A THOUSAND MEMORIES RHETT AKINS CO 30 HUNTER JENNIFER WARNES PO 31 UPFRONT DAVID SANBORN IN 32 TWO ROOMS ELTON JOHN & BERNIE TAUPIN RO 33 SEAL SEAL PO 34 FULL MOON FEVER TOM PETTY RO 35 JARS OF CLAY JARS OF CLAY CG 36 FAIRWEATHER JOHNSON HOOTIE AND THE BLOWFISH RO 37 A DAY IN THE LIFE ERIC BENET PO 38 IN THE MOOD FOR X-MAS MULTIPLE MUSICIANS HO HOLIDAY 39 GRUMPIER OLD MEN SOUNDTRACK SO 40 TO THE FAITHFUL DEPARTED CRANBERRIES PO 41 OLIVER AND COMPANY SOUNDTRACK SO 42 DOWN ON THE UPSIDE SOUND GARDEN RO 43 SONGS FOR THE ARISTOCATS DISNEY RECORDS CH 44 WHATCHA LOOKIN 4 KIRK FRANKLIN & THE FAMILY CG 45 PURE ATTRACTION KATHY TROCCOLI CG 46 Tolono Library CD List 47 BOBBY BOBBY BROWN RO 48 UNFORGETTABLE NATALIE COLE PO 49 HOMEBASE D.J. -
Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege
Missouri Law Review Volume 30 Issue 3 Summer 1965 Article 5 Summer 1965 Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege James E. Taylor Follow this and additional works at: https://scholarship.law.missouri.edu/mlr Part of the Law Commons Recommended Citation James E. Taylor, Constitutional Limitations on the Defenses of Fair Comment and Conditional Privilege, 30 MO. L. REV. (1965) Available at: https://scholarship.law.missouri.edu/mlr/vol30/iss3/5 This Comment is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. Taylor: Taylor: Constitutional Limitations 19651 COMMENTS CONSTITUTIONAL LIMITATIONS ON THE DEFENSES OF FAIR COMMENT AND CONDITIONAL PRIVILEGE New York Times Co. v. Sudlivaen I. INTRODUCTION The main purpose of this comment is to explore the effect of the United States Supreme Court's decision on the law of defamation in general, and the law of fair comment and conditional privilege in particular.2 This comment con- siders the Constitutional aspects of the Sullivan case only insofar as is necessary to explain the reasons for the court's decision. Although the case deals with public officials, and not candidates for office, because the two appear to be so analogous, and because the constitutional guarantees of freedom of speech and press seem to be equally applicable, 'both have been considered in this article.a On March 29, 1960, a full page advertisement was carried in the New York Times entitled "Heed Their Rising Voices." The advertisement began by noting the peaceful non-violent demonstrations in which southern negro students were participating, and then described in some detail the "unprecedented wave of ter- ror" with which these demonstrations had been met. -
Rose La Rose and the Re-Ownership of American Burlesque, 1935-1972
TAUGHT IT TO THE TRADE: ROSE LA ROSE AND THE RE-OWNERSHIP OF AMERICAN BURLESQUE, 1935-1972 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Elizabeth Wellman Graduate Program in Theatre The Ohio State University 2015 Dissertation Committee: Jennifer Schlueter, Advisor Beth Kattelman Joy Reilly Copyright by Elizabeth Wellman 2015 ABSTRACT Declaring burlesque dead has been a habit of the twentieth century. Robert C. Allen quoted an 1890s letter from the first burlesque star of the American stage, Lydia Thompson in Horrible Prettiness: Burlesque and American Culture (1991): “[B]urlesque as she knew it ‘has been retired for a time,’ its glories now ‘merely memories of the stage.’”1 In 1931, Bernard Sobel opined in Burleycue: An Underground History of Burlesque Days, “Alas! You will never get a chance to see one of the real burlesque shows again. They are gone forever…”2 In 1938, The Billboard published an editorial that began, “On every hand the cry is ‘Burlesque is dead.’”3 In fact, burlesque had been declared dead so often that editorials began popping up insisting it could be revived, as Joe Schoenfeld’s 1943 op-ed in Variety did: “[It] may be in a state of putrefaction, but it is a lusty and kicking decomposition.”4 It is this “lusty and kicking decomposition” which characterizes the published history of burlesque. Since its modern inception in the late nineteenth century, American burlesque has both been framed and framed itself within this narrative of degeneration. -
The Untitled Black Burlesque History Project
City University of New York (CUNY) CUNY Academic Works School of Arts & Sciences Theses Hunter College Winter 1-5-2017 The Untitled Black Burlesque History Project Sekiya Dorsett How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/hc_sas_etds/243 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] City University of New York (CUNY) CUNY Academic Works School of Arts & Sciences Theses Hunter College Fall 12-20-2017 The Untitled Black Burlesque History Project Sekiya Dorsett CUNY Hunter College The Untitled Black Burlesque History Project by Sekiya Dorsett Submitted in partial fulfillment of the requirements for the degree of Master of Fine Arts in Integrated Media Arts, Hunter College The City University of New York Fall 2017 Thesis Sponsor: Dec 20, 2017 Date Signature Tami Gold Dec 20, 2017 Date Signature of Second Reader Rachel Stevens Dec 20, 2017 Date Signature of Third Reader Ricardo Miranda 2 Abstract The Untitled Black Burlesque History Project is a character driven short documentary featuring Chicava Honeychild, a neo-burlesque1 dancer who is unearthing a hidden Black burlesque history. As Chicava searches for her “stripper grandmas,” she mentors a new generation of burlesque performers who are of women of color. Chicava Honeychild first meeting with Black burlesque Jean Idelle is interwoven with the burlesque journey of Henrietta, Chicava Honeychild’s burlesque student. As Henrietta is honing her burlesque craft in preparation for her first performance, we learn about Jean’s dynamic life as a burlesque dancer in the 1940s and 1950s.