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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. -
Jew Taboo: Jewish Difference and the Affirmative Action Debate
The Jew Taboo: Jewish Difference and the Affirmative Action Debate DEBORAH C. MALAMUD* One of the most important questions for a serious debate on affirmative action is why certain minority groups need affirmative action while others have succeeded without it. The question is rarely asked, however, because the comparisonthat most frequently comes to mind-i.e., blacks and Jews-is seen by many as taboo. Daniel A. Farberand Suzanna Sherry have breached that taboo in recent writings. ProfessorMalamud's Article draws on work in the Jewish Studies field to respond to Farberand Sherry. It begins by critiquing their claim that Jewish values account for Jewish success. It then explores and embraces alternative explanations-some of which Farberand Sheny reject as anti-Semitic-as essentialparts of the story ofJewish success in America. 1 Jews arepeople who are not what anti-Semitessay they are. Jean-Paul Sartre ha[s] written that for Jews authenticity means not to deny what in fact they are. Yes, but it also means not to claim more than one has a right to.2 Defenders of affirmative action today are publicly faced with questions once thought improper in polite company. For Jewish liberals, the most disturbing question on the list is that posed by the comparison between the twentieth-century Jewish and African-American experiences in the United States. It goes something like this: The Jews succeeded in America without affirmative action. In fact, the Jews have done better on any reasonable measure of economic and educational achievement than members of the dominant majority, and began to succeed even while they were still being discriminated against by this country's elite institutions. -
9780230341449 Copyrighted Material – 9780230341449
Copyrighted material – 9780230341449 THE (MOVING) PICTURES GENERATION Copyright © Vera Dika, 2012. All rights reserved. First published in 2012 by PALGRAVE MACMILLAN® in the United States—a division of St. Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Where this book is distributed in the UK, Europe and the rest of the World, this is by Palgrave Macmillan, a division of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN: 978–0–230–34144–9 Library of Congress Cataloging-in-Publication Data Dika, Vera, 1951– The (moving) pictures generation : the cinematic impulse in downtown New York art and film / Vera Dika. — 1st ed. p. cm. Includes bibliographical references and index. ISBN 978–0–230–34144–9 1. Art and motion pictures—New York (State)—New York— History—20th century. 2. Art, American—New York (State)— New York—20th century. 3. Experimental films—New York (State)—New York—History—20th century. I. Title. N72.M6D55 2012 709.0407—dc23 2011039301 A catalogue record of the book is available from the British Library. Design by Integra Software Services First edition: April 2012 10987654321 Printed in the United States of America. Copyrighted material – 9780230341449 Copyrighted material – 9780230341449 Contents -
The New Yorker April 05, 2021 Issue
PRICE $8.99 APRIL 5, 2021 APRIL 5, 2021 4 GOINGS ON ABOUT TOWN 11 THE TALK OF THE TOWN Jonathan Blitzer on Biden and the border; from war to the writers’ room; so far no sofas; still Trump country; cooking up hits. FEED HOPE. ANNALS OF ASTRONOMY Daniel Alarcón 16 The Collapse at Arecibo FEED LOVE. Puerto Rico loses its iconic telescope. SHOUTS & MURMURS Michael Ian Black 21 My Application Essay to Brown (Rejected) DEPT. OF SCIENCE Kathryn Schulz 22 Where the Wild Things Go The navigational feats of animals. PROFILES Rachel Aviv 28 Past Imperfect A psychologist’s theory of memory. COMIC STRIP Emily Flake 37 “Visions of the Post-Pandemic Future” OUR LOCAL CORRESPONDENTS Ian Frazier 40 Guns Down How to keep weapons out of the hands of kids. FICTION Sterling HolyWhiteMountain 48 “Featherweight” THE CRITICS BOOKS Jerome Groopman 55 Assessing the threat of a new pandemic. 58 Briefly Noted Madeleine Schwartz 60 The peripatetic life of Sybille Bedford. PODCAST DEPT. Hua Hsu 63 The athletes taking over the studio. THE ART WORLD Peter Schjeldahl 66 Niki de Saint Phalle’s feminist force. ON TELEVISION Doreen St. Félix 68 “Waffles + Mochi,” “City of Ghosts.” POEMS Craig Morgan Teicher 35 “Peers” Kaveh Akbar 52 “My Empire” COVER R. Kikuo Johnson “Delayed” DRAWINGS Johnny DiNapoli, Tom Chitty, P. C. Vey, Mick Stevens, Zoe Si, Tom Toro, Adam Douglas Thompson, Suerynn Lee, Roz Chast, Bruce Eric Kaplan, Victoria Roberts, Will McPhail SPOTS André da Loba CONTRIBUTORS Caring for the earth. ©2020 KENDAL Rachel Aviv (“Past Imperfect,” p. 28) is a Ian Frazier (“Guns Down,” p. -
Michael Heizer Selected Bibliography
G A G O S I A N Michael Heizer Selected Bibliography Selected Books and Catalogues: 2019 Fox, William. Michael Heizer: The Once and Future Monuments. New York: Monacelli Press. 2017 Voorhies, James. Beyond Objecthood: The Exhibition as a Critical Form since 1968. Boston: MIT Press. Celant, Germano and Chiara Costa. Virginia Dwan: Dwan Gallery. Lausanne: Skira. 2015 Fine, Ruth E., Kara Vander Weg and Michael Heizer. Michael Heizer: Altars. New York: Gagosian Gallery. 2014 Cameron, Dan. The Avant-Garde Collection. Newport Beach, CA: Orange County Museum of Art. Kaz, Leonel, ed. Inusitada Coleção De Sylvio Perlstein. São Paolo: Museu de Arte de São Paolo Assis Chateaubriand. 2013 Allen, Gwen L., Pierre Bal Blanc, Claire Bishop, Benjamin H.D. Buchloh, Charles Esche, et al. When Attitudes Become Form: Bern 1969/Venice 2013. Milan: Fondazione Prada. 2012 Lippard, Lucy R. and Jeff Khonsary. 4,492,040 (1969–74). Vancouver: New Documents 2010 Jensen, Susanne, Susanne Lenze, and Reinhard Onnasch. “Michael Heizer: Untitled.” In Nineteen Artists. Berlin: El Sourdog Hex; Bielefeld, Germany: Kerber Verlag. 2011 Reifenscheid, Beate. Die Letzte Freiheit: Von den Pionieren der Land-Art der 1960er Jahre bis zur Natur im Cyberspace. Milan: Silvana. 2010 Goldman, Judith. Robert & Ethel Scull: Portrait of a Collection. New York: Acquavella Gallery. Marcoci, Roxana, ed. The Original Copy: Photography of Sculpture, 1839 to Today. New York: Museum Of Modern Art. 2009 Grabner, Roman, Thomas Kellein, and Felicitas von Richthofen. 1968: Die Große Unschuld. Cologne: DuMont. 2008 Semff, Michael. Künstler Zeichnen. Sammler Stiften, 250 Jahre Staatliche Graphische Sammlung München. Ostfildern, Germany: Hatje Cantz. Lara, Cathy, ed. -
What Gordon Parks Witnessed
What Gordon Parks Witnessed The injustices of Jim Crow and the evolution of a great American photographer Tenement residents in Chicago in 1950. (Courtesy of and © the Gordon Parks Foundation) Story by David Rowell DECEMBER 3, 2018 Photos by Gordon Parks When 29-year-old Gordon Parks arrived in Washington, in 1942, to begin his prestigious job as a photographer at the Farm Security Administration, his first assignment was to shoot: nothing. The government agency, which was born of President Franklin D. Roosevelt’s New Deal, had originally intended to highlight rural suffering and the plight of farmers, but that mission quickly expanded to producing a vast visual record of American life. Overseen by Roy Stryker, chief of the photography unit within the agency’s historical section, the collection was a stunning, often sobering artistic vehicle for depicting the ways the government was both serving and failing its citizens. Parks had come to the FSA on a fellowship after being a staff photographer for the St. Paul Recorder newspaper and doing commercial freelance work, but he also hadn’t bought his first camera until 1937, and Stryker knew the photographer still had much to learn. First, as Parks recounted in his 1966 memoir “A Choice of Weapons,” Stryker had Parks show him his cameras — a Speed Graphic and a Rolleiflex — and promptly locked them in a cabinet. “You won’t be needing those for a few days,” the boss said. Instead, he asked his new photographer — who was raised in Kansas but also lived in Minnesota and later in Chicago — to eat in some restaurants, shop in stores, take in a movie. -
The Television Project: Some of My Best Friends
The Television Project: Some of My Best Friends Highlights from the National Jewish Archive of Broadcasting Examine Anti-Semitism Through Classic TV Beginning March 18, 2016 New York, NY – With the second installment of its new, ongoing exhibition series, the Jewish Museum will continue introducing visitors to a dynamic part of its collection: the National Jewish Archive of Broadcasting (NJAB). The Television Project: Some of My Best Friends will be on view from March 18 through August 14, 2016 exploring the full range of the medium’s approach to anti-Semitism, from the satire and humor of the situation comedy to serious dramas that dissect the origins, motivations, and consequences of prejudice. Clips from such programs as All in the Family, Downton Abbey, Mad Men, Gunsmoke, and The Mary Tyler Moore Show will be featured. Some of My Best Friends features Mary Richards standing up to an anti- Semitic friend in The Mary Tyler Moore Show, “Some of My Best Friends Are Rhoda;” Jews fighting to prevent neo-Nazis from holding a rally in a predominantly Jewish town in Skokie; and Jewish emigrants confronting hatred in the Old West in the Gunsmoke episode, “This Golden Land” (featuring a young Richard Dreyfuss) and Little House on the Prairie, “The Craftsman.” Also included are clips from the first episode of the acclaimed Mad Men, where Roger Sterling suggests to Don Draper that their ad agency hire a Jew prior to meeting with a new Jewish-owned client; an LA Law segment, “Rohner vs. Gradinger,” depicting a confrontation between a Jewish lawyer and his Jew-hating WASP mother-in-law and her close friend; the bigoted Archie Bunker looking for a “Jew lawyer” because Jews are “smarter and shrewder” in Norman Lear’s groundbreaking All in the Family, “Oh, My Aching Back;” and a scene from Downton Abbey showing the family matriarch (Maggie Smith) expressing displeasure at news of a cousin romantically involved with a Jew. -
Williams College/Clark Art Institute
GRADUATE PROGRAM IN THE HISTORY OF ART Williams College/Clark Art Institute Summer 2001 NEWSLETTER ~ '" ~ o b iE The Class of 2001 at their Hooding Ceremony. From left to right: Mark Haxthausen, Jeffrey T. Saletnik, Clare S. Elliott, Jennifer W. King, Jennifer T. Cabral, Karly Whitaker, Rachel Butt, Elise Barclay, Anna Lee Kamplain, and Marc Simpson LETTER FROM THE DIRECTOR CHARLES W. (MARK) HAx'rHAUSEN Faison-Pierson-Stoddard Professor of Art History, Director of the Graduate Program With this issue we are extremely pleased to revive the Graduate Program's ANNuAL NEWSLETTER, in a format that is greatly expanded from its former incarnation. This publication will appear once a year, toward the end of the summer, bringing you news about the program, Williams, the Clark, our faculty, students, and graduates. The return of the newsletter is a fruit of one of the happy developments of a remarkably successful year-the creation of the position ofAsSOCIATE DIRECTOR of the Graduate Program. In recent years, with the introduction of the QualifYing Paper and Annual Symposium, the workload in the Graduate Program had seriously outgrown the capacities of its small staff. With the naming ofMARc SIMPSON to the new post, we have the resources not only to handle existing administrative demands but to expand our activities into neglected areas, one ofwhich is the publication of this newsletter, for which Marc serves as editor. We feel especially fortunate to have added Marc to the Program. A leading scholar of American art, he received his Ph.D. from Yale and served from 1985 to 1994 as Ednah Root Curator ofAmerican Paintings at the Fine Arts Museums of San Francisco. -
Robert Morris, Minimalism, and the 1960S
City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 1988 The Politics of Experience: Robert Morris, Minimalism, and the 1960s Maurice Berger Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1646 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] INFORMATION TO USERS The most advanced technology has been used to photograph and reproduce this manuscript from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand corner and continuing from left to right in equal sections with small overlaps. Each original is also photographed in one exposure and is included in reduced form at the back of the book. -
Barbara Kruger Born 1945 in Newark, New Jersey
This document was updated February 26, 2021. For reference only and not for purposes of publication. For more information, please contact the gallery. Barbara Kruger Born 1945 in Newark, New Jersey. Lives and works in Los Angeles and New York. EDUCATION 1966 Art and Design, Parsons School of Design, New York 1965 Syracuse University, Syracuse, New York SELECTED SOLO EXHIBITIONS 2021-2023 Barbara Kruger: Thinking of You, I Mean Me, I Mean You, Art Institute of Chicago [itinerary: Los Angeles County Museum of Art; The Museum of Modern Art, New York] [forthcoming] [catalogue forthcoming] 2019 Barbara Kruger: Forever, Amorepacific Museum of Art (APMA), Seoul [catalogue] Barbara Kruger - Kaiserringträgerin der Stadt Goslar, Mönchehaus Museum Goslar, Goslar, Germany 2018 Barbara Kruger: 1978, Mary Boone Gallery, New York 2017 Barbara Kruger: FOREVER, Sprüth Magers, Berlin Barbara Kruger: Gluttony, Museet for Religiøs Kunst, Lemvig, Denmark Barbara Kruger: Public Service Announcements, Wexner Center for the Arts, Columbus, Ohio 2016 Barbara Kruger: Empatía, Metro Bellas Artes, Mexico City In the Tower: Barbara Kruger, National Gallery of Art, Washington, DC 2015 Barbara Kruger: Early Works, Skarstedt Gallery, London 2014 Barbara Kruger, Modern Art Oxford, England [catalogue] 2013 Barbara Kruger: Believe and Doubt, Kunsthaus Bregenz, Austria [catalogue] 2012-2014 Barbara Kruger: Belief + Doubt, Hirshhorn Museum and Sculpture Garden, Washington, DC 2012 Barbara Kruger: Questions, Arbeiterkammer Wien, Vienna 2011 Edition 46 - Barbara Kruger, Pinakothek -
View of His New Work
Artist Robert Longo Gives a Preview of His New Work www.culturedmag.com /robert-longo/ Self-portrait by Robert Longo. The acclaimed artist Robert Longo was already a feisty, passionate, pugnacious sort. And his work reflected it. Then, four years ago, he had a stroke. Longo remembers that he was playing basketball—with a group of close friends that included the actor John Turturro—and then suddenly he was flat on his back, listening to his wife and Turturro talk to doctors about what the chances were that his life could be saved. As the saying goes, what didn’t kill him made him stronger, or at least more committed. “I saw the dark rider, bro,” says Longo, 64, who is the type of person who says “bro.” He adds, “But if anything, since the stroke I’ve been on fire.” Indeed, Longo has shows galore lined up, and his Downtown Manhattan studio is full of detailed maquettes showing dollhouse-sized versions of each exhibition. Most prominently, he has a show, “The Destroyer Cycle,” opening May 3 at his longtime gallery, New York’s Metro Pictures, and the exhibition that was at Moscow’s Garage last year, “Proof: Francisco Goya, Sergei Eisenstein, Robert Longo,” opens at the Brooklyn Museum in September. 1/4 His post-stroke bounce back shouldn’t come as too much of a surprise. Longo—who is known for his striking, incredibly detailed charcoal drawings that meld image-appropriating photorealism and old-school draftsmanship— has come back from oblivion before. “I’ve experienced someone throwing a switch and my career seemed to be over,” he says. -
Dia Art Foundation Readings in Contemporary Poetry Major Jackson and Peter Schjeldahl
Dia Art Foundation Readings in Contemporary Poetry Major Jackson and Peter Schjeldahl Tuesday, March 5, 2019 Dia:Chelsea 535 West 22nd Street, 5th Floor New York City Introduction by Vincent Katz Major Jackson’s books of poems include Leaving Saturn (University of Georgia Press, 2002), Hoops (W. W. Norton & Company, 2006), Holding Company (W. W. Norton & Company, 2010), and Roll Deep (W. W. Norton & Company, 2015). Jackson is the Richard Dennis Green and Gold University Distinguished Professor in the department of English at University of Vermont, Burlington, and a graduate faculty member of the Creative Writing Program at New York University. He serves as the poetry editor of the Harvard Review. Many of the references in Major Jackson’s poetry - e.g. “I better git it in my soul” - are known to me, and many others are not. They all intrigue me to know more. The title of his most recent volume, Roll Deep, seemed to me as though it might come from football; I intuit a physicality there, a sense of simultaneous mobility and pleasurable stasis. Deep too as in profound. A more in-depth study revealed the phrase refers to the comfort zone of one’s posse. In this case, Jackson extends that to his wife, Didi, to whom the volume is dedicated, and their children, and beyond, via quotes from Lord Byron, Langston Hughes, and others. Jackson has always been extending, in his poetry, from his first book, Leaving Saturn, which established in vivid detail his North Philadelphia roots, to recent poems from the ongoing sequence “Urban Renewal,” set in the Cyclades, Spain, Brazil, Kenya, and Italy.