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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. -
The Fan/Creator Alliance: Social Media, Audience Mandates, and the Rebalancing of Power in Studio–Showrunner Disputes
Media Industries 5.2 (2018) The Fan/Creator Alliance: Social Media, Audience Mandates, and the Rebalancing of Power in Studio–Showrunner Disputes Annemarie Navar-Gill1 UNIVERSITY OF MICHIGAN amngill [AT] umich.edu Abstract Because companies, not writer-producers, are the legally protected “authors” of television shows, when production disputes between series creators and studio/ network suits arise, executives have every right to separate creators from their intellectual property creations. However, legally disempowered series creators can leverage an audience mandate to gain the upper hand in production disputes. Examining two case studies where an audience mandate was involved in overturning a corporate production decision—Rob Thomas’s seven-year quest to make a Veronica Mars movie and Dan Harmon’s firing from and subsequent rehiring to his position as the showrunner of Community—this article explores how the social media ecosystem around television rebalances power in disputes between creators and the corporate entities that produce and distribute their work. Keywords: Audiences, Authorship, Management, Production, Social Media, Television Scripted television shows have always had writers. For the most part, however, until the post-network era, those writers were not “authors.” As Catherine Fisk and Miranda Banks have shown in their respective historical accounts of the WGA (Writers Guild of America), television writers have a long history of negotiating the terms of what “authorship” meant in the context of their work, but for most of the medium’s history, the cultural validation afforded to an “author” eluded them.2 This began to change, however, in the 1990s, when the term “showrunner” began to appear in television trade press.3 “Showrunner” is an unofficial title referring to the executive producer and head writer of a television series, who acts in effect as the show’s CEO, overseeing the program’s story development and having final authority in essentially all production decisions. -
Dan Harmon and the #Metoo Apology
Journal of Contemporary Rhetoric, Vol. 9, No.3/4, 2019, pp. 112-125. “Redemption Follows Allocution”: Dan Harmon and the #MeToo Apology Ben Wetherbee This article analyzes comedian and TV writer Dan Harmon’s famously well-received #MeToo-era apology for sexual misconduct on the set of his sitcom Community, noting how Harmon revises the traditionally individualistic genre of the apology into a statement of advocacy for the collective moral imperative of the #MeToo movement. After discussing #MeToo as a rhetorical situation that justifiably trivializes pleas for individual forgiveness, the article analyzes Har- mon’s monologue in relation to scholarship on genre of apologia, contrasting Harmon’s with the comparatively indi- vidualistic and unsuccessful apology of Louis C.K and arguing that traditional apologies prove ill-suited to the #Me- Too era. I contend, finally, that male speakers seeking redemption for sexual misconduct should heed Harmon’s ex- ample of sustained critical self-reflection, pronounced advocacy for victims, and sustained cultivation of an ethos that merits redemption. Keywords: #MeToo, apology, apologia, allocution, Dan Harmon, rhetorical situation, differentiation, transcendence, characterological coherence The #MeToo movement hit peak momentum in late 2017, a year that saw sexual assault allegations mount against figures like Harvey Weinstein, Louis C.K., Matt Lauer, Garrison Keillor, Charlie Rose, Kevin Spacey, and a long list of other male celebrities—all of which, let us recall, succeeded the inauguration of a president who had nonchalantly boasted about grabbing women’s genitals before garnering 306 electoral votes.1 The comedian and writer Dan Harmon fittingly dubbed 2017 “the Year of the Asshole.” Taking to Twitter on New Year’s Eve of that year, the creator and former showrunner of NBC’s sitcom Community and co-creator of the Adult Swim animated series Rick and Morty offered this bit of self-deprecating, understated humor: “This was truly the Year of the Asshole. -
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. -
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. -
Intimately Allegorical
INTIMATELY ALLEGORICAL The Poetics of Self-Mediation in Stand-Up Comedy Antti Lindfors TURUN YLIOPISTON JULKAISUJA – ANNALES UNIVERSITATIS TURKUENSIS Sarja - ser. B osa - tom. 478 | Humaniora Turku 2019 University of Turku Faculty of Humanities School of History, Culture and Arts Studies Department of Folklore Studies Doctoral programme Juno Supervised by Professor emeritus Pekka Hakamies Docent Kaarina Koski University of Turku University of Helsinki Reviewed by Associate professor Morten Nielsen Professor Amy Shuman Aarhus University Ohio State University Opponent Professor Amy Shuman Ohio State University The originality of this publication has been checked in accordance with the University of Turku quality assurance system using the Turnitin OriginalityCheck service. Infographics: Saana ja Olli Layout: Antti Lindfors ISBN 978-951-29-7651-5 (PDF) ISSN 0082-6987 (Print) ISSN 2343-3191 (Online) TURUN YLIOPISTO Humanistinen tiedekunta Historian, kulttuurin ja taiteiden tutkimuksen laitos Folkloristiikka ANTTI LINDFORS: Intimately Allegorical: The Poetics of Self-Mediation in Stand-Up Comedy Väitöskirja, 120 sivua, 2 liitesivua Tohtoriohjelma Juno Toukokuu 2019 Tiivistelmä Väitöstutkimus käsittelee stand up -komiikkaa suullis-kehollisen lavataiteen ja semioottisen vuorovaikutuksen lajina. Tutkimus keskittyy erityisesti kysymykseen, miten stand up -koomikot esittävät eli välittävät itseään julkisella areenalla, ja miten tätä itsen välitystä tematisoidaan ja haltuunotetaan esityslajissa, jonka kulmakiviä ovat välittömyyden ja läsnäolon ihanteet. -
The Sharing Economy: Disrupting the Business and Legal Landscape
THE SHARING ECONOMY: DISRUPTING THE BUSINESS AND LEGAL LANDSCAPE Panel 402 NAPABA Annual Conference Saturday, November 5, 2016 9:15 a.m. 1. Program Description Tech companies are revolutionizing the economy by creating marketplaces that connect individuals who “share” their services with consumers who want those services. This “sharing economy” is changing the way Americans rent housing (Airbnb), commute (Lyft, Uber), and contract for personal services (Thumbtack, Taskrabbit). For every billion-dollar unicorn, there are hundreds more startups hoping to become the “next big thing,” and APAs play a prominent role in this tech boom. As sharing economy companies disrupt traditional businesses, however, they face increasing regulatory and litigation challenges. Should on-demand workers be classified as independent contractors or employees? Should older regulations (e.g., rental laws, taxi ordinances) be applied to new technologies? What consumer and privacy protections can users expect with individuals offering their own services? Join us for a lively panel discussion with in-house counsel and law firm attorneys from the tech sector. 2. Panelists Albert Giang Shareholder, Caldwell Leslie & Proctor, PC Albert Giang is a Shareholder at the litigation boutique Caldwell Leslie & Proctor. His practice focuses on technology companies and startups, from advising clients on cutting-edge regulatory issues to defending them in class actions and complex commercial disputes. He is the rare litigator with in-house counsel experience: he has served two secondments with the in-house legal department at Lyft, the groundbreaking peer-to-peer ridesharing company, where he advised on a broad range of regulatory, compliance, and litigation issues. Albert also specializes in appellate litigation, having represented clients in numerous cases in the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, and California appellate courts. -
Colcoa-Press-2019-Part IV
September 19, 2019 COLCOA French Film Festival Monday, September 23 – Saturday, September 28 DGA in Hollywood $$ This film festival showcases the latest work from France. It only looks like it the Coca Cola Film Festival if you read it too fast. September 3, 2019 Critic's Picks: A September To-Do List for Film Buffs in L.A Alain Delon in 'Purple Moon' (1960) A classic lesbian drama, French noirs starring Alain Delon and Jean Gabin and a series of matinees devoted to Katharine Hepburn are among the plentiful vintage and classic options for SoCal film buffs this month. OLIVIA AT THE LAEMMLE ROYAL | 11523 Santa Monica Blvd. Already underway and screening daily through Sept. 5 at the Laemmle Royal is a new digital restoration of Jacqueline Audry’s trailblazing 1951 feature Olivia, one of the first films, French or otherwise, to deal with female homosexuality. Set in a 19th-century Parisian finishing school for girls, the film depicts the struggle between two head mistresses (Edwige Feuillere and Simone Simon) for the affection of their students, and how one girl’s (Marie-Claire Olivia) romantic urges stir jealousy in the house. Audry, one of the key female filmmakers of post-World War II France, stages this feverish chamber drama (based on a novel by the English writer Dorothy Bussy) with a delicate yet incisive touch, allowing the story’s implicit sensuality to simmer ominously without boiling over into undue hysterics. Lesbian dramas would soon become more explicit, but few have matched Olivia’s unique combination of elegance and eroticism. FRENCH FILM NOIR AND KATHARINE HEPBURN MATINEES AT THE AERO | 1328 Montana Ave. -
UNIVERSITY of CALIFORNIA Los Angeles Misery Is the True Script For
UNIVERSITY OF CALIFORNIA Los Angeles Misery is the True Script for Comedy: A Study of Italian Film Comedy in the 1950s A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in Italian by Christopher Burton White 2014 © Copyright by Christopher Burton White 2014 ABSTRACT OF THE DISSERTATION Misery is the True Script for Comedy: A Study of Italian Film Comedy in the 1950s by Christopher Burton White Doctor of Philosophy in Italian University of California, Los Angeles, 2014 Professor Thomas J. Harrison, Chair This dissertation fills a lacuna in the history of Italian cinema, formally analyzes a selection of significant film comedies from the 1950s, and challenges many of the assumptions that have been made about postWar Italian cinema. The conservative atmosphere of the fifties, the detrimental effects of censorship on Italian cinema, and the return of popular genres after the end of the widely-acclaimed neorealist period have led to assumptions about a limited engagement With contemporary Italian society in the motion pictures produced in Italy during the 1950s. While most critics and film historians vieW these years in Italian cinema as the disappointing aftermath of neorealism, a decade in Which conservative elements in Italian society pushed national cinema in the direction of facile optimism and escapism, this dissertation demonstrates that many comedies in fact engaged with Italian society, ii offering incisive critiques of contemporary Italy that pinpoint and satirize hypocrisy, inequality, and a host of other ills of the Italian republic in the 1950s. This study considers existing scholarship on Italian cinema and reevaluates films starring the popular Neapolitan actor Antonio De Curtis (Totò), Renato Castellani’s Due soldi di speranza (Two Cents Worth of Hope, 1952) and other examples of neorealismo rosa (rosy or pink neorealism), and the movies directed by Federico Fellini featuring Alberto Sordi, both in terms of aesthetics as well as subject matter. -
Death on the Mississippi, an Archetypal Analysis Of
DEATH ON THE MISSISSIPPI, AN ARCHETYPAL ANALYSIS OF HARK TWAIN'S HUCKLEBERRY FINN A Thesis Presented to the Faculty of the Department of English Kansas State Teachers College In Partial Fulfillment of the Requirements for the Degree Master of Arts by Robert Greg-ory 1-atterson July 197J PREFACE Actual and metaphorical deaths recur frequently in Twain's Huckleberry Finn. However, the patterns of these death incidents are not so easily deciphered as one might expect, for while there are indeed many deaths in Huckle berry Finn, to study everyone in detail would not necessarily prove that death itself is an important motif in the work. When one examines the circumstances sur rounding these deaths, however, a number of distinct and rather curious, even bizarre, patterns appear. It seems that a surprising number of deaths in Huckleberry Finn are accompanied by superstitious ritual, grotesque social pro tocol, and/or graphic demonstrations of the awesome power of natural forces. These deaths assume many forms; some are human demises, some are non-human expirations, and many are purely fie-urative "deaths." The theory posited here is not entirely new, nor is it without critical precedent and support. Richard P. Adams, 1n his "Introduction to Hark Twain" in American Literary Masters, sees the pattern of death and rebirth as the largest struc tural element in Huckleberry Finn. Bernard DeVoto, in ~ T\vain at \~ork, recognizes the death imagery in Huckleberry Finn as evidence of Twain's death-oriented thinking and observes that additional critical research must be conducted "to determine why death, the images and humors and disgusts 11 of death, the fear of death, and the threat of death colored his phantasy from childhood on." Selected death-incidents in Twain's life which might have influenced his art will be mentioned in this study, but the major focus \iill be upon an examination of and evaluation of recurrent death patterns in Hucl<leberry Finn, based on a Juneian archetypal critical approach. -
Custom, Comedy, and the Value of Dissent
VIRGINIA LAW REVIEW IN BRIEF VOLUME 95 APRIL 20, 2009 PAGES 19-26 RESPONSE CUSTOM, COMEDY, AND THE VALUE OF DISSENT Jennifer E. Rothman∗ ROFESSORS Dotan Oliar and Christopher Sprigman's new article P on quasi-intellectual property norms in the stand-up comedy world provides yet another compelling example of the phenomenon that I have explored in which the governing intellectual property regime takes a backseat to social norms and other industry customs that dominate the lived experiences of many in creative fields.1 Their insightful treatment of the microcosm of comics reinforces my concern that customs are being used to expand IP law both inside and outside the courtroom.2 I am particularly appreciative of the editors of the Virginia Law Review for inviting this brief response, which allows me to build upon my work on the use of customs and norms in IP. Although Oliar and Sprigman do not use the term “custom,” I think it is important to recognize that custom includes not only industry practices, but also the social norms that interest Oliar and Sprigman.3 Oliar and Sprigman make few specific recommendations as to how the law should engage with the norms they document. Nevertheless, they * Associate Professor, Loyola Law School, Los Angeles. 1 See 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); Jennifer E. Rothman, The Questionable Use of Custom in Intellectual Property, 93 Va. L. Rev. 1899, 1903, 1906 (2007). 2 Id.