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Early Working Draft Raw Materials, Creative Works, and Cultural
Early Working Draft Raw Materials, Creative Works, and Cultural Hierarchies Andrew Gilden In disputes involving creative works, courts increasingly ask whether a preexisting text, image or persona has been used as “raw material” for new authorship. If so, the accused infringer becomes shielded by the fair use doctrine under copyright law or a First Amendment defense under right of publicity law. Although copyright and right of publicity decisions have begun to rely heavily on the concept, neither the case law nor existing scholarship has explored what it actually means to use something as “raw material,” whether this inquiry adequately draws lines between infringing and non- infringing conduct, or how well it maps onto the expressive values that the fair use doctrine and the First Amendment defense aim to capture This Article reveals serious problems with the raw material inquiry. First, a survey of all decisions invoking raw materials uncovers troubling distributional patterns; in nearly every case the winner is the party in the more privileged class, race or gender position. Notwithstanding courts’ assurance that the inquiry is “straightforward,” distinctions between raw and “cooked” materials appear to be structured by a range of social hierarchies operating in the background. Second, these cases express ethically troubling messages about the use and reuse of text, image and likeness. The more offensive, callous and objectionable the appropriation, the more visibly “raw” the preexisting material is likely to be. Given the shortcomings of the raw material inquiry, this Article argues that courts should engage more directly with an accused infringer’s actual creative process and rely less on a formal comparison between the two works in dispute. -
Carole Lieberman, M.D., M.P.H
CAROLE LIEBERMAN, M.D., M.P.H. l FORENSIC PSYCHIATRIST l EXPERT WITNESS l LEGAL CONSULTANT l Winning record in Civil & Criminal Cases! ALL cases (Plaintiff & Defense) involving psychiatric issues/emotional distress, including: • High Profile Cases • Entertainment Law/Media Copycats • Sexual Harassment • Discrimination/Wrongful Termination • Divorce/Custody • Abuse: Sexual, Physical & Emotional • Malpractice/Wrongful Death • Child/Adolescent issues • Personal Injury/Equestrian/Other Sports • Terrorism/Violence/Murder • Police and Priest Misconduct • Elder Abuse/Will Contestation PRIOR CASES INCLUDE: Michigan v. Kelli Stapleton (attempted murder of autistic daughter) California v. Redmond O’Neal • LEGAL ANALYST: TV, RADIO, (drug felony) Plaintiffs v. James Arthur Ray PRINT (CNN, HLN, ABC, CBS, (Sedona sweat lodge homicide) NBC, FOX) Minor v. Kid Nation (reality TV → emotional distress) Terri Schiavo • BOARD CERTIFIED PSYCHIATRIST appeal Nevada v. Floyd Mayweather • CLINICAL FACULTY U.C.L.A. (domestic violence) Michigan v. Jonathan Schmitz • CONSULTANT TO CONGRESS (Jenny Jones Talk Show murder trial) Celebrity Divorces: Roseanne Barr, Jim Carrey, Jean Claude Van Damme • CA MEDICAL BOARD EXPERT School Shootings: victims’ families v. media Tate v. Larry Johnson/Stacey Augman (NBA paternity and assault) Vega et al v. Catholic Archdiocese of L.A. (priest molestation) Psych out the opposition! 204 South Beverly Drive, Suite 108, Beverly Hills, CA 90212 (310) 278-5433 (310) 457-5441 [email protected] and • (Please see reverse for recommendations from attorneys) Here’s what your colleagues are saying about Carole Lieberman, M.D. Psychiatrist and Expert Witness: “I have had the opportunity to work with the “I have rarely had the good fortune to present best expert witnesses in the business, and I such well-considered testimony from such a would put Dr. -
A 040909 Breeze Thursday
Post Comments, share Views, read Blogs on CaPe-Coral-daily-Breeze.Com Inside today’s SER VING CAPE C ORA L, PINE ISLAND & N. FT. MYERS Breeze APE ORAL RR eal C C l E s MARKETER state Your complete Cape Coral, Lee County 5 Be edroo Acce om Sa real estate guide ess Ho ailboa N om at OR m t TH E e DI e TI ! AP ON ! RI ! L 23, 2 2009 COVER AILY REEZE PRESENTED B D B See Page Y WONDERLAND REA 9 LTY WEATHER: Partly Sunny • Tonight: Clear • Saturday: Partly Sunny — 2A cape-coral-daily-breeze.com Vol. 48, No. 95 Friday, April 24, 2009 50 cents Home prices down, sales up in metro area for March Florida association releases its report “The buyers are going after the foreclosures.” — Paula Hellenbrand, president of the By GRAY ROHRER area fell to $88,500, the lowest of Foreclosures are again the main Cape Coral Association of Realtors [email protected] all the 20 Florida metro areas con- culprit for decreased home prices, A report released Thursday by tained in the report. The number but they are also the reason home the Florida Association of Realtors reflects a 9 percent decrease from sales are increasing. California-based company that gath- Hellenbrand said the sales activi- told a familiar story for the local February and a 58 percent drop “The buyers are going after the ers foreclosure data, the Cape Coral- ty is greater in Cape Coral than in housing market — home prices are from March 2008. foreclosures,” said Paula Fort Myers metro area had the Fort Myers because there was a down, but sales are up, way up. -
Inside the OC&E
Inside the Published by the Colorado Model Railroad Museum OC&E 680 10th Street Autumn 2018 Greeley, CO 80631 Volume 9 970-392-2934 Issue 4 Littler Youth Fund Awards Grant to www.cmrm.org CMRM Youth Program The Community Foundation of Greeley and Weld County kids from ages 5-12+. The Core engineering curriculum for awarded a Grant to the CMRM the first week of October to 2019 will include an Introduction to STEAM and a STEAM provide after-school and summer activities in a cross-curric- Challenge. These programs will be broad in theme and draw ular, hands-on learning environment using the LEGO Educa- upon a variety of possible projects based on the LEGO Educa- tion STEAM Programs. The curriculum will engage students tion Program. to become more independent learners helping them to develop 21st-century skills which The program will expand the col- include problem-solving, compre- laborative relationship that the hension, communication, creativ- CMRM has developed with the ity, and critical thinking. The Weld County Community. The LEGO WeDo and Mindstorms target population will empha- EV3 software also introduce stu- size children located in or near dents to basic programming skills Greeley and within Weld County preparing them for the increasing in grades one through eight. STEAM requirements for their future careers. The museum will continue to expand the program based on The program's funds will be the growth of funding and volun- used to support the participation teers supporting the Youth Pro- of students using robotics while integrating other academic gram. We are always looking for more talented and dedicated subjects through collaboration with the local schools. -
Chef Jennifer Jasinski Chef Cat Cora
CHEF CAT CORA CHEF JENNIFER JASINSKI CEO EXECUTIVE CHEF/OWNER | RIOJA, BISTRO VENDÔME, EUCLID CAT CORA INC. | CHEFS FOR HUMANITY HALL BAR + KITCHEN, STOIC & GENUINE, ULTREIA SANTA BARBARA, CA DENVER, CO “Tailgating for the Broncos is “Even when you have something Max and I look forward doubts, take that step. to each year, we always go over the top with food that our friends are Take chances. Mistakes blown away with! We love the are never a failure - they Broncos, and getting prepped for the game is part of the fun!” can be turned into RIOJADENVER.COM wisdom.” BISTROVENDOME.COM EUCLIDHALL.COM CATCORA.COM STOICANDGENUINE.COM ULTREIADENVER.COM CHEFSFORHUMANITY.ORG CRAFTEDCONCEPTSDENVER.COM @CATCORA @CHEFJENJASINSKI @CATCORA @CHEFJENJASINSKI @CHEFCATCORA @JENNIFER.JASINSKI FEATURED DISH FEATURED DISH GUEST CHEF CAT CORA’S “LAMB MERGUEZ HOAGIE” “SMOKER TAKEOVER” LABNEH AND CARROT CUMIN SLAW Cat Cora is a world-renowned chef, author, restaurateur, television host and A James Beard Foundation award winner for Best Chef Southwest in 2013 and personality, avid philanthropist, health and fitness expert and proud mother of nominee for Outstanding Chef in 2016, Jasinski opened her first restaurant, six sons. Cat made television history in 2005, when she became the first-ever Rioja, in Denver’s Larimer Square to critical acclaim in 2004 featuring a female Iron Chef on Food Network’s Iron Chef America and founded her own Mediterranean menu influenced by local and seasonal products. She and non-profit charitable organization, Chefs for Humanity. She is the first woman business partner Beth Gruitch acquired Bistro Vendôme, a French bistro in inducted into the Culinary Hall of Fame. -
06 6-23-09 TV Guide.Indd 1 6/23/09 8:00:20 AM
Page 6 THE NORTON TELEGRAM Tuesday, July 3, 2009 Monday Evening June 29, 2009 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 KHGI/ABC The Bachelorette Newlyweds Local Nightline Jimmy Kimmel Live WEEK OF FRIDAY , JUNE 26 THROUGH THURSDAY , JULY 2 KBSH/CBS How I Met Rules Two Men Big Bang CSI: Miami Local Late Show-Letterman Late Late KSNK/NBC Law & Order Law Order: CI Dateline NBC Local Wimbledon Tonight Show FOX House Lie to Me Local Cable Channels A&E Intervention Intervention Obsessed The Cleaner Intervention AMC The Whole Nine Yards Starsky & Hutch The Whole Nine Yards ANIM Most Outrageous Dogs 101 Animal Cops Most Outrageous Dogs 101 CNN Campbell Brown Larry King Live Anderson Cooper 360 Larry King Live DISC Dirty Jobs Swamp Loggers Swamp Loggers Dirty Jobs Swamp Loggers DISN Holes Wizards Montana The Suite So Raven Life With Cory E! Fatal Beauty Wildest The Dish Chelsea E! News Chelsea SNL Norton TV ESPN MLB Baseball Baseball Tonight SportsCenter Baseball NFL Live ESPN2 Series of Poker Series of Poker Series of Poker Series of Poker NASCAR Now FAM Secret-Teen Make It or Break It Secret-Teen The 700 Club Secret-Teen FX Ice Age Ice Age: Melt Just Married HGTV Property Property House My First House For Rent HGTV Showdown Property Property HIST Secrets-Fathers Beltway Unbuckled Secrets-Fathers LIFE Reba Reba Army Wives Desperate Housewives Will Will Frasier Frasier MTV True Life Run Run Run Run Run Run Going Out Library Listings: NICK School SpongeBob Home Imp. -
Fame Us Introduction
FAME US INTRODUCTION Brian Howell A while ago, I started taking pictures of celebrity impersonators after a string of chance encounters with look-alikes. When I began researching the subject, I had no idea that so many people made a living at it. I became intrigued, and as a result, this project was born. I attended a number of conventions for the celebrity imper- sonator industry; there are two major gatherings a year: Las Vegas in the spring and Orlando, Florida in the fall. The impersonators are there to showcase their tal- ent and to network with others in the industry; the conventions are like any other, except that on any given day, you might see George W. Bush hamming it up with Ozzy Osbourne, or bump into Marilyn Monroe wearing her dress from The Seven Year Itch, except there is no subway air vent to blow it up to her waist. Impersonation is a full-time career for many of the people who appear in this book. Some of them make a great living at it, including a few who look more like the ce- lebrity they impersonate than the actual celebrity himself. While getting to know them better, I’ve learned that the biggest misconception about impersonators is that they are somehow obsessed fans desperate to physically become the celebrity they impersonate. But I never met anyone like that. On the contrary, many imper- sonators got into the business because of others—those passersby on the street who stop and stare, and ask, “Has anyone ever told you you look like…?” Simply put, and not in a derogatory way, impersonators are opportunistic, taking advan- tage of a culture with an insatiable, uncontrollable thirst for celebrity and all that it entails. -
FESTIVAL to the Volcanoes of Auvergne – Unforgettable
InsPIrIng you to reach your dreams #19 /JuLy-AUGUST 2010 Glorious Cannes, Glamorous summer MICK JAGGER A Stone in exile? PAlme d’oR wInner Exclusive interview AlEx Cox British film expert BElGIAn EU PRESIdEnCY Back in business? EDITORIAL Cannes-tastic! Cannes is one of those places cocktails, courtesy of chivas and the utter where you feel anything could exhilaration of being handed the controls of J happen. Away from the glitz craft’s latest speedboat the Torpedo as it and glamour of La Croisette topped 40 knots in Cannes harbour, we did our best to enjoy ourselves. and its famous red carpet, a whole industry throbs in the Of course, it’s not all parties. Closer to home, Andy background. Carling returns with a sideways look at how Belgium may handle its six months as head of n such a city of movers and shakers, a the EU’s rotating presidency. There’s still time to place which seems practically never to get yourself in trim for the beach, too – let Together sleep and a town in which new stars are and Power Plate Institute Brussels introduce you born, Together is right at home. To save to the latest exercise craze, with our fantastic you the trouble of trekking the thousand- readers giveaway. oddI kilometres to Cannes, we selflessly ventured there to bring you the very best in fashion shows, Plus, as we know you’ve come to expect and private parties and everything you might expect enjoy by now, there’s a beautiful fashion from the hardest working (and hardest partying) photoshoot, Kimberley Lovato’s sensual magazine in Brussels. -
Tv Pg 6 3-2.Indd
6 The Goodland Star-News / Tuesday, March 2, 2009 All Mountain Time, for Kansas Central TIme Stations subtract an hour TV Channel Guide Tuesday Evening March 2, 2010 7:00 7:30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 11:30 28 ESPN 57 Cartoon Net 21 TV Land 41 Hallmark ABC Lost Lost 20/20 Local Nightline Jimmy Kimmel Live S&T Eagle CBS NCIS NCIS: Los Angeles The Good Wife Local Late Show Letterman Late 29 ESPN 2 58 ABC Fam 22 ESPN 45 NFL NBC The Biggest Loser Parenthood Local Tonight Show w/Leno Late 2 PBS KOOD 2 PBS KOOD 23 ESPN 2 47 Food FOX American Idol Local 30 ESPN Clas 59 TV Land Cable Channels 3 KWGN WB 31 Golf 60 Hallmark 3 NBC-KUSA 24 ESPN Nws 49 E! A&E Criminal Minds CSI: Miami CSI: Miami Criminal Minds Local 5 KSCW WB 4 ABC-KLBY AMC To-Mockingbird To-Mockingbird Local 32 Speed 61 TCM 25 TBS 51 Travel ANIM 6 Weather Wild Recon Madman of the Sea Wild Recon Untamed and Uncut Madman Local 6 ABC-KLBY 33 Versus 62 AMC 26 Animal 54 MTV BET National Security Vick Tiny-Toya The Mo'Nique Show Wendy Williams Show Security Local 7 CBS-KBSL BRAVO Mill. Matchmaker Mill. Matchmaker Mill. Matchmaker Mill. Matchmaker Matchmaker 7 KSAS FOX 34 Sportsman 63 Lifetime 27 VH1 55 Discovery CMT Local Local Smarter Smarter Extreme-Home O Brother, Where Art 8 NBC-KSNK 8 NBC-KSNK 28 TNT 56 Fox Nws CNN 35 NFL 64 Oxygen Larry King Live Anderson Cooper 360 Larry King Live Anderson Local 9 Eagle COMEDY S. -
Join Top Chef Masters Winner Chef Chris Cosentino at ECS's Virtual
Join Top Chef Masters Winner Chef Chris Cosentino at ECS’s Virtual Friendsgiving! Tickets on Sale Now On November 7 at 6:30 pm, join us around Top Chef Master Chris Cosentino's ViirrttuuaallV FFrriieennddssggiivviinngg ttaabbllee. Sip an artisanal, seasonal mocktail while Chef Chris prepares a three-course culinary feast. Bay Area guests who puurrcchhaassep e ttiicckkeettss byyb OccttoobbeerO r 2222 (givergy.us/ECS) may select to have this three-course meal and mocktail delivered to your door to enjoy during the event! All guests nationwide can enjoy a virtual seat at Chef Chris’s table by puurrcchhaassiinnggp ttiicckkeettss byyb NNoovveemmbbeerr 7 (givergy.us/ECS) We look forward to celebrating Friendsgiving with you! Get Your Tickets Now! (givergy.us/ECS) Your ticket makes an impact! Funds raised will support the CHEFS (Conquering Homelessness through Employment in Food Services) culinary training program and address heightened food insecurity right here in San Francisco. Introducing Rapid Rehousing Staff Members ECS embraces a culture of dignity, equity, and opportunity for everyone involved in our organization. This is central to our mission, strategy, and programs. As such, we greatly value the lived experiences of our staff, residents, guests, and clients. Their voices are critical to ensuring that we provide the holistic services that meet each individual's needs and support them in achieving their goals. In our Reentry Rapid Rehousing Program, staff members Heather Leach and Garry Grady share how their lived experiences guide and inform their work at ECS. “When an individual who is formerly incarcerated comes into the office, they are full of apprehension,” explains one of the staff members. -
Docuseries Flat Out, Produced by Vuguru the Non-fi Ction Camp
MAY / JUNE 13 THE REALITY REPORT Syfy’s Haunted Highway and adventures in the US $7.95$7.95 USD New Paranormal CanadaCanada $$8.958.95 CDN Int’lInt’l $$9.959.95 USD G<ID@KEF%+*-* 9L==8CF#EP L%J%GFJK8><G8@; 8LKF ALSO: UNSCRIPTED GOES ONLINE | U.S. CABLE SLATES REVEALED GIJIKJK; A PUBLICATION OF BRUNICO COMMUNICATIONS LTD. RRealscreenealscreen Cover.inddCover.indd 1 116/05/136/05/13 22:16:16 PPMM Congratulations Bertram We are proud to call you family. CBS is proud to support the Realscreen Awards. ©2013 CBS Corporation RRS.23322.CBS.inddS.23322.CBS.indd 1 113-05-163-05-16 22:01:01 PPMM contents may / june 13 Sundance Grand Jury and Audience Award winner 35 42 Blood Brother is part of our annual Festival Report. BIZ Unscripted action at the NewFronts; Dubuc and Raven upped at A+E ......................................................... 9 Super 8 fi lm shot by Nixon’s top aides is featured in Our Nixon (Still courtesy of Dipper Films). IDEAS & EXECUTION U.S. cable nets unveil slates; crowdfunding words of wisdom ...........13 “The perception was you SPECIAL REPORTS could pitch a show on a THE REALITY REPORT A look into the Emmy Reality Peer Group; log line, put 10 cameras paranormal reality revamps .............................................................. 27 somewhere, and that STOCK FOOTAGE/ARCHIVE was reality.” 29 Super 8 rules in Our Nixon; 1895 Films’ 9-11: The Heartland Tapes; FOCAL Awards winners and UK copyright news ...............................35 FESTIVAL REPORT 19 Profi les of Gideon’s Army and Blood Brother .......................................40 PRODUCTION MUSIC Music shop execs reveal the dollars and sense behind scoring for shows .................................................45 THINK ABOUT IT Science Channel’s slate features a move into scripted Making talent agreements agreeable ...............................................48 drama, with 73 Seconds: The Challenger Investigation. -
Throw a Party of One. Chef Anita Lo Is Serving up Delicious Recipes for Self
marketwatch.com/story/this-michelin-rated-chef-says-cooking-for-yourself-is-the-best-self-care-2018-10-30-11883742 By Jeanette Settembre Throw a party of one. Chef Anita Lo is serving up delicious recipes for self-love in her new cookbook: “Solo: A Modern Cookbook for a Party of One,” (Knopf, 2018) devoted to embracing those solitary moments in life. “It’s about celebrating you,” Lo told Moneyish of her second cookbook, out Tuesday. “We all need a little bit of time for ourselves. It’s nice to eat with people, but more often than not these days -- even if you’re in a long term relationship -- sometimes your spouses are working and you have to cook something for yourself.” Lo, a first generation Chinese-American who grew up in Birmingham, MI., has cooked in some of the world’s most renowned kitchens, including Bouley and Chanterelle in New York City. She opened her own restaurant in 2000, Annisa, serving upscale contemporary American cuisine in Greenwich Village for 17 years up until it closed last year. She held a Michelin star for nine consecutive years, served on “Top Chef Masters,” and became the first female guest chef to cook at the White House in 2015 for the Obamas. Now she’s here to tell eaters that solo meals don’t have to be boring or defrosted in a microwave, positioning herself as the ideal candidate to write the book. “I’ve been dumped almost as many times as I’ve been in relationships -- and I can count those on less than two hands … that’s a lot of solo meals,” she writes in the book.