Joshua Bloomgarden‘s note, Share His Dream: A Fair Use Standard for Historico-Political Figures’ Rights of Publicity, 31 Cardozo Arts & Ent. L.J. 149, has been cited by Callmann on Unfair Compet., TMs, & Monopolies in Section 22:32, Use of a natural person’s identity; the right of publicity.
Josh was a Volume 31 Notes Editor.
We are so proud to congratulate our Volume 31 Editor-in-Chief, Sarah L. Farhadian, on having her Note cited by Callmann on Unfair Competition, Trademarks and Monopolies (4th Edition).
Sarah’s Note, Stealing Bacardi’s Thunder: Why the Patent and Trademark Office Should Stop Registering Stolen Trademarks Now, was published in Volume 30, Issue 3.
Amie Gibbons, Vanderbilt University Law School, J.D. 2013
Consider these scenarios: A man on the run from a corporation who has the rights to a specific gene line in his body, and the willingness to take samples from him by force; babies genetically engineered with genes to emphasize height, strength, and intelligence, and jobs granted based on genetic testing instead of proven merit; an airborne biological weapon designed to target members of a specific ethnic group to wipe them out efficiently without worries of killing those the wielder deems worthy to inherit the earth.
Sounds like fiction?
They are. These are plot lines from Michael Crichton’s novel Next, the movie Gattaca, and an episode of the TV show Fringe. They are not taken from real world cases, but from real world fears, from the boogiemen people conjure in their minds when one says “genetic patenting,” “genetic research,” or “genetic engineering.”
These are the fears those opposing patents on genes feed to the public to make their case against gene patents, claiming gene patents could lead to these types of scenarios, but what does the law actually allow? Are gene patents merely the first step down the slippery slope to corporations owning parts of human beings? Will we be encouraging eugenics and engineering out our children less desirable traits in the near future because scientists are encouraged to invent today? Will our research today lead to genetic weapons tomorrow?
Read more »
Brandon Sherman, Benjamin N. Cardozo School of Law, J.D. 2013
Since February 2012, online live TV service “Aereo” has given its subscribers the ability to watch, record and replay over-the-air (“OTA”) broadcast television on any Internet-connected device. Since Aereo’s technology is precariously styled to avoid making public performances or infringing upon reproductions under the Copyright Act, it has so far avoided paying any license fees to broadcasters or content owners for its retransmissions. In July 2012, broadcasters sued Aereo for copyright infringement, but their motion for a preliminary injunction against the service was denied, and on April 1, 2013, the Second Circuit affirmed.
The Aereo service assigns an individual miniature antenna to each of its subscribers and streams a unique copy of each program to each subscriber, ostensibly avoiding a “public” performance. Each user-assigned miniature digital antenna is owned and maintained by Aereo in a single remote facility, and by logging into Aereo’s service to view live TV, each subscriber effectively “rents” one of these antennae.
In California, however, an Aereo-like service has not been as successful in federal court. A Central California District Court granted television broadcasters’ motion for a preliminary injunction, finding that similarly structured retransmissions caused infringing public performances. The potential for a split between the Second and Ninth Circuits raises the possibility that the Supreme Court may ultimately decide the issue. For now, however, Aereo is expanding to 22 U.S. cities this year, and increasing the footprint of copyright owners’ lost compensation along its path.
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Arrielle Millstein, J.D., Widener University School of Law 2013
(For more extensive treatment of this topic, including policy considerations as to why Congress should amend the 1976 Copyright Act to classify human flesh as an intangible medium of expression, see – “Slaves to Copyright: Branding Human Flesh as a Tangible Medium of Expression” in the forthcoming issue of the Pace Intellectual Property, Sports, & Entertainment Law Forum).
Human flesh is miraculous; it is the body’s largest organ weighing in at eight pounds, and measuring a total of twenty-two square feet. The skin not only functions as a protectant from life’s daily elements through its regenerative qualities, but also serves as a means for individuals to demonstrate self-expression; whether that is through body modifications, plastic surgery, tattoos, unique body piercings, skin stretching, or skin alterations for cultural traditions.
In 2009, an Arizona tattoo artist, Christopher Escobedo, tattooed Carlos Condit, an Ultimate Fighting Champion (“UFC”), with a lion tattoo on his rib cage. Due to Condit’s newly established fame resulting from twenty-eight career victories in the UFC, THQ Inc., a video game publisher, featured Condit in UFC Undisputed 2010. Like all Xbox360 and PlayStation 3 games in the 21st Century, Condit’s three-dimensional character was identical to his real life persona, right down to the intricate details of Escobedo’s lion tattoo. Escobedo followed the recent tattoo artist trend by registering the lion tattoo and filing suit against THQ Inc. in 2012 for copyright infringement.
Read more »
All AELJ Alumni are invited to attend our annual reception at WinedUp Wine Bar, 913 Broadway, New York, NY on Thursday, November 7, 2013. Please RSVP by November 1, 2013.
To receive updates on all alumni happenings, please email email@example.com.
The Staff and Editors of Volume 31 are pleased to announce that Volume 31, Issue 3 is on it’s way to subscribers, directly from the publisher. Grab a sneak peek of new scholarship from David Nimmer, Victoria Ekstrand, Richard Whitt, Lee Burgunder, and Guy Pesssach. Also, if you missed our Spring Symposium, a full transcript has been reprinted for your review.
Not a subscriber? Make sure to subscribe for Volume 32.
The June writing competition is complete. We are pleased to congratulate our new staffers on being selected to join us for 2013-14!
Transfer and January students are eligible to participate in the August competition.