Search This Blog

Loading...

theft of ideas/trade secret: Pepsi made an Opps-i

Looks like Pepsi forgot to show up in court! Plaintiffs sued alleging that Pepsi violated trade secret laws because Pepsi stole their idea to bottle and purify water. Pepsi's mishap cost them $1.26 billion -- that's some expensive water!

http://finance.yahoo.com/news/Price-to-PepsiCo-for-Not-law-3214509113.html?x=0&.v=1

Nazi Looted Paintings Discovered at Southern Methodist University

Monuments Men Foundation Announces that Famous Murillo Paintings Stolen from Rothschild Family in Paris, Later Discovered by the Monuments Men during World War II, have Been Identified at SMU's Meadows Museum


DALLAS, Oct. 22, /PRNewswire- USNewswire/ -- BREAKING NEWS: Based on new evidence about the systematic looting of art from Jewish owners in the course of hostilities in Europe during World War II, a pair of famous paintings on display at SMU's Meadows Museum created by Spanish master Bartolome Esteban Murillo (1618-1682) of Seville's Patron Saints Justa and Rufina, estimated to be worth more than $10 million, are believed to have been stolen from the Rothschild family in Paris in 1941. The Nazi ERR (Einsatzstab Reichsleiter Rosenberg) code evidencing Rothschild ownership is still visible on the stretcher bar of one of the paintings; it appears to have been rubbed off the other. The Monuments Men Foundation, recipient of the 2007 National Humanities Medal for its work preserving the legacy of these unknown heroes, which it received from the President of the United States at a White House ceremony, is continuing its research to document conclusively whether both paintings were properly restituted to the rightful owners prior to donation to the Meadows Museum.

Arts v. Ads -- something light in this part of the city

Five people were arrested yesterday for defacing billboards in an effort to replace ads with art.

The five were among dozens armed with paint and brushes who spread out over lower Manhattan and whitewashed billboards to "reclaim" public space as part of a protest organized by the Public Ad Campaign.

Three of the artists were charged with criminal mischief and making graffiti. The other two were still being processed last night. Adda Birnir, 24, and her boyfriend were painting flowers on a whitewashed billboard on Mulberry Street when cops hauled them off.


http://www.nypost.com/p/news/local/manhattan/painters_in_brush_with_law_W8Bo9ol47WjYcNQcHnescI

LOST & FOUND: A PRACTICAL LOOK AT ORPHAN WORKS

New York City Bar Association
Tuesday, October 20, 2009

How should the law treat “orphan works”? The speakers discussed proposals that would enable copyrighted works to be used when their owners cannot be located to obtain necessary permissions. What should be the obligations of potential users with respect to searching for copyright owners? How should infringement claims be handled if a copyright owner emerges? Do different types of copyrighted works present unique issues? What roles might registries and recognition and detection technologies play?

Speakers:
  • Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation
  • Frederic Haber, Vice President and General Counsel, Copyright Clearance Center, Inc.
  • Eugene H. Mopsik, Executive Director, American Society of Media Photographers
  • Maria Pallante, Associate Register for Policy & International Affairs, U.S. Copyright Office
  • Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks




IF ONLY WE WERE JD ALREADY...

Job Announcement:
Development Associate/Staff Attorney

Established in 1969, Volunteer Lawyers for the Arts (VLA) is the foremost resource for members of the arts community seeking information and representation on legal and business matters. VLA offers educational programs, access to pro bono legal representation and counseling, alternative dispute resolution services, and advocate for the arts community. Volunteer Lawyers for the Arts offers a chance to be involved in public interest, as well as arts and entertainment related work in New York City.

VLA seeks an attorney with development experience to fill the combined full-time position of Development Associate/Staff Attorney.

SHEPARD FAIREY V. ASSOCIATED PRESS (PICTURE'S WORTH SOMETHING)

STATEMENT BY SHEPARD FAIREY ON ASSOCIATED PRESS FAIR USE CASE
OCTOBER 16, 2009

“In an effort to keep everyone up to date on my legal battle to uphold the principle of fair use in copyright laws, I wanted to notify you of a recent development in my case against The Associated Press (AP). On October 9, 2009, my lawyers sent a letter to the AP and to the photographer Mannie Garcia, through their lawyers, notifying them that I intend to amend my court pleadings. Throughout the case, there has been a question as to which Mannie Garcia photo I used as a reference to design the HOPE image. The AP claimed it was one photo, and I claimed it was another. The new filings state for the record that the AP is correct about which photo I used as a reference and that I was mistaken. While I initially believed that the photo I referenced was a different one, I discovered early on in the case that I was wrong. In an attempt to conceal my mistake I submitted false images and deleted other images. I sincerely apologize for my lapse in judgment and I take full responsibility for my actions which were mine alone. I am taking every step to correct the information and I regret I did not come forward sooner.

“I am very sorry to have hurt and disappointed colleagues, friends, and family who have supported me in this difficult case and trying time in my life. I am also sorry because my actions may distract from what should be the real focus of my case – the right to fair use so that all artists can create freely. Regardless of which of the two images was used, the fair use issue should be the same.”



GLOBAL PIRACY WATCH: AUSTRALIA'S ISP LIABILITY TEST CASE

On Oct. 6, 2009 the Federal Court of Australia began trial in the case of Australian Federation Against Copyright Theft (AFACT) v. iiNet Ltd. 

In Australia, AFACT  is considered a major test case, raising the question of whether an internet service provider (ISP), as the service through which infringers gain access to illegally copied materials, enables copyright infringement and is thus responsible for it.  AFACT is seeking money damages or an injunction which could, if successful, cut the internet service of  millions of Australian customers, raising the more existential question of whether or not it would be a good idea to "shut down" the internet.


LEGAL ISSUES IN CONTEMPORARY ART: COPYRIGHT

"Very creative and engaging presentation of important issues in copyright."
"Very well taught class with extremely useful information."

"Thank you - this was fun and Sergio is fantastic."

"Thank you Sergio. This was a great introduction to VLA. You made the subject very interesting even after a very long day."

When:
Thursday, November 12th, 2009
5:30 - 8 p.m.

Where: VLA Auditorium, 1 East 53rd Street, NY, NY 10022

NAZI ART LITIGATION ALERT: SEIZED SCHIELE PAINTING CASE CLEARED FOR...

Nazi Art Litigation Alert: Seized Schiele Painting Case Cleared for

By David Bario
Am Law Litigation Daily
October 08, 2009

One Schiele painting in New York has been off limits to art lovers ever since it was seized by Manhattan's district attorney in 1997 while on loan from Vienna. The 1912 painting "Portrait of Wally" has remained in U.S. custody, locked in a Queens warehouse, as government lawyers and heirs to a Jewish art dealer battled with Austria's Leopold Museum over allegations that the work was stolen by the Nazis.

TO CATCH A LOOTER

October 13, 2009
To Catch a Looter
By ROGER ATWOOD
San Salvador

AS United States troops begin withdrawing from Iraq, we should take stock of the staggering damage that Iraq's ancient archeological sites have suffered from looting over the last few years. After the 2003 invasion, swarms of looters dug huge pits and passages all over southern Iraq in search of cuneiform tablets and cylinder seals. At Isin, where a Sumerian city once stood, I watched men sifting through tons of soil for 4,000-year-old objects to sell to Baghdadi dealers. It was mass pillage.

FINGERPAINTING DA VINCI -- AMAZING!

Da Vinci expert Martin Kemp has renamed the work, "La Bella Principessa." A smudged fingerprint has convinced art experts that a painting thought to have dated back to the early 19th century is the work of revered Italian artist Leonardo da Vinci.

Da Vinci expert Martin Kemp has renamed the work, "La Bella Principessa" after the young lady in the portrait.

Little is known of the painting before it appeared in an illustrated Christie's catalogue in the late 1990s labeled as "German, 19th Century" under the name of "Young Girl in Profile in Renaissance Dress."

UK PARLIAMENT CLOSER TO PASSING BILL ALLOWING MUSEUMS TO DEACCESSION NAZI-LOOTED ART

Legislation expected to be limited to 1933-1945 only
Published online 23 Apr 09

LONDON. A Private Members’ Bill is to be presented for its second reading in parliament on 15 May, to allow UK national museums to deaccession art works spoliated during the Nazi period.
The Department for Culture, Media and Sport (DCMS) is expected to support the bill, subject to drafting changes, which will greatly increase its chances of eventually becoming law. The DCMS originally hoped to incorporate a clause allowing deaccessioning of Nazi-era spoliation into the Heritage Protection Bill, but last December the bill was dropped, because of pressure of government business in Parliament.
http://www.theartnewspaper.com/article.asp?id=17211

ENTERTAINMENT BUSINESS LAW SEMINAR -- NYS Bar -- Entertainment, Arts & Sports Section

Friday, October 23, 2009
New York University -- All Day Event

"The New Deal:
Music and Film
in a Brand New Environment"
The Entertainment Arts & Sports Law (EASL) Section of The New York State Bar Association, in association with CMJ Network, Holland & Knight LLP and Sonnenschein Nath & Rosenthal LLP, will once again host the all-day MCLE accredited Entertainment Business Law Seminar on October 23, 2009, to be held at this year’s CMJ Music Marathon and Film Festival at New York University in New York City, from October 20-24, 2009. The venue for the Seminar will be NYU’s Helen and Martin Kimmel Center for University Life, Richard L. Rosenthal Pavilion.

LEGAL CONCERNS FOR DESIGNERS, ILLUSTRATORS, CARTOONISTS, AND ARTISTS – WHAT YOU NEED TO KNOW

This panel discussion is geared towards artists, however, the panel speakers are mostly art lawyers. One of the panelists, Carol Steinberg, is a Cardozo alumni. This event is great for anyone interested in gaining more insight into the practical applications of the law to artists.

Legal Concerns for Designers, Illustrators, Cartoonists, and Artists – What You Need to Know
Tuesday, October 13th, 7:00 – 9:00pm at the School of Visual Arts, Amphitheater, 209 East 23rd Street, 3rd floor

CARDOZO EVENT: SPOTLIGHT ON ALUMNI IN NON-TRADITIONAL CAREERS

This panel and networking reception should be interesting for any members who are intersted in entertainment law or more on representation of talent. One of the guest speakers include Becky Sendrow, '05, a Talent Agent for William Morris. Among others are Ilan Kranz, '96, Director of Business Development for LECG, Kevin J. Rosenberg, '04, Owner and Entrepreneur of Gear to Go Outfitters; Lesley Slater, '05, Legal Recruitment Coordinator; and Jill Starishesvky, '97, Entrepreneur of HowsMyNanny.com and author of My Body Belongs to Me.

"Spotlight on Alumni in Non-Traditional Careers," Tuesday, Oct. 20, 7pm-9pm, Cardozo Lobby
RSVP by Oct. 13 to cardozoalumnievents@yu.edu (include your name, class year, and contact info)

LOST & FOUND: ORPHANED WORKS -- New York City Bar

Tuesday, Oct. 20, 2009
6:00 - 8:00 pm
Meeting Hall, New York City Bar Association
42 West 44th Street



How should the law treat “orphan works”? Please join us as we discuss proposals that would enable copyrighted works to be used when their owners cannot be located to obtain necessary permissions. What should be the obligations of potential users with respect to searching for copyright owners? How should infringement claims be handled if a copyright owner emerges? Do different types of copyrighted works present unique issues? What roles might registries and recognition and detection technologies play? Our speakers will address these and related questions, focusing on orphan images.

Speakers:
Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation

Frederic Haber, Vice President and General Counsel, Copyright Clearance Center, Inc.

Eugene H. Mopsik, Executive Director, American Society of Media Photographers

Maria Pallante, Associate Register for Policy & International Affairs, U.S. Copyright Office

Charles Wright, Vice President and Associate General Counsel, Legal and Business Affairs, A&E Television Networks

Moderator:
June M. Besek, Executive Director, Kernochan Center for Law, Media and the Arts

This program is free and open to the public; registration is not required.

AFTER KAPUŚCIŃSKI: THE ART OF REPORTAGE IN THE 21ST CENTURY

October 6 & 7, 2009
NYU’s Hemmerdinger Hall
100 Washington Square East


This symposium, composed of three distinct panels over two evenings, offers an exciting public conversation about the state of the art of reportage amid a rapidly changing media landscape; the various approaches to and practices of long-form and literary journalism; and the ongoing legacy of renowned practitioners like Polish journalist Ryszard Kapuściński. At a time when categorical differences between fiction and nonfiction are increasingly ambiguous--and the gap between their respective segments of the publishing market increasingly small--a discussion of reportage as a literary art form seems paramount.

Free and open to the public, this event coincides with the launch this fall of the Literary Reportage concentration at NYU's Arthur L. Carter Journalism Institute, and is being held in association with the Overseas Press Club of America and Words Without Borders, the online magazine of international literature.

Clicking "Refresh": A New Look at Fair Use in the Digital Age

Wednesday, October 7, 2009, 6:30 PM
House of the Association, 42 West 44th Street
Registration:  The program free. Registration is required.


This panel discussion will address the ways in which copyright lawĄŚs fair use doctrine has evolved (or may be tested) in an era in which the rise of news aggregation, social networking, and a variety of other websites increasingly allow internet users to combine and transform content from endless sources of media. How transformative are on-line montages and mash-ups? Is the aggregation of headlines or content from news providers infringement or fair use? Does posting copyrighted content on a userĄŚs Facebook or Myspace page undermine the market for that content? When does a bloggerĄŚs summary of an article appropriate enough content to constitute copyright infringement? Panelists will offer a broad range of perspectives on these an other issues from the bench, bar, media industry, and legal academy.