| 1 |
In Kim Seng Company v. J&A Importers, Inc., the court examined whether Kim Seng’s “bowl-of-food” sculpture satisfied the fixation requirement of copyright law.31 Kim Seng admitted that the bowl-of-food sculpture was comprised of “a perishable Vietnamese dish purchased by [an employee] from a local restaurant.”32 In analyzing whether Kim Seng’s bowl-of-food sculpture met the fixation requirement, the court compared it to the living garden in Kelley v. Chicago Park District, which was inherently changeable and ultimately perishable.33 |
| 2 |
In Kelley v. Chicago Park District, the current leading case on copyrightability of organic works, the Seventh Circuit analyzed whether an artistically arranged garden was “fixed” for the purpose of the Copyright Act.34 A famous artist, Chapman Kelley, installed a wildflower display in Grant Park, a prominent public park in downtown Chicago.35 His garden received critical and pop****r acclaim, and was promoted as “living art.”36 Without permission from Kelley, the Chicago Park District dramatically modified the garden by reducing its size, reconfiguring the flower beds, and changing some of the planting materials.37 Kelley sued the Park District.38 The Seventh Circuit found that Kelley’s living garden could not be eligible for copyright protection because it “lack[ed] the kind of authors***p and stable fixation normally required to support copyright.”39 In its opinion, the court clarified that it was “not suggesting that copyright attaches only to works that are static or fully permanent (no medium of expression lasts forever), or that artists who incorporate natural or living elements in their work can never claim copyright.”40 However, Kelley’s living garden was “not stable or permanent enough” to be a work of fixed authors***p. |
| 3 |
First, Professor Said’s claim that an artists’ conceptual art is fixed when repet**ively performed applies with equal force to chefs who plate the same dish over and over. It is likely that, in practice, a chef would not want to copyright one particular iteration of a dish; any serving of “Who Killed the Goat?” would not last the average four months it takes to process an internet-submitted copyright claim.[56][56][56] Registration Processing Times, U.S. Copyright Office https://www.copyright.gov/registration/docs/processing-times-faqs.pdf [perma.cc/MHM9-DX5G] (last visited May 1, 2019).... Instead, Chef Anand’s nightly plating of “Who Killed the Goat?” would likely “repeat [itself] over and over,” warranting the exact kind of protection that Professor Said describes as being so repet**ive as to achieve performance. |
| 4 |
“A work is ‘fixed’ in a tangible medium of expression when its embodiment . . . is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of time more than transitory duration.” |
| 5 |
that |
| 6 |
still |
| 7 |
Second, Professor Said’s idea that “the first purposes of the fixation requirement lies in the use and enjoyment of the work by others” supports the notion that a dish is “fixed” when it becomes something more than just consumption.[58][58][58] Said, supra note 49, at 339 (citing Laura Heymann, How to Write a Life: Some Thoughts on Fixation and the Copyright/Privacy Divide, 51 WM. & MARY L. REV. 825, 842 (2009))....Certainly, the success of shows like Netflix’s Chef’s Table[59][59][59] Genevieve Van h****his, When Will ‘Chef’s Table’ Return for Season 7? It Takes Time To Capture All That Tasty Goodness, Bustle (Feb. 22, 2019), https://www.bustle.com/p/when-will-chefs-table-return-for-season-7-it-takes-time-to-capture-all-that-tasty-goodness-15988094 [https://perma.cc/39KK-NJU7].... and the trend of posting food to social media proves that it exists long enough to be enjoyed by others.[ |
| 8 |
not |
| 9 |
Law enforcement agents have seized hundreds of cloth masks that read “Stop killing Black people” and “Defund police” that a Black Lives Matter-affiliated organization sent to cities around the country to protect demonstrators against the spread of COVID-19, a disease that has had a disparate impact on Black communities. |
| 10 |
The Movement for Black Lives (M4BL) spent tens of thousands of dollars on the masks they had planned to send all over the country. The first four boxes, each containing 500 masks, were mailed from Oakland, California, and were destined for Was***ngton, St. Louis, New York City and Minneapolis, where on May 25 a white police officer killed George Floyd, a 46-year-old handcuffed Black man, setting off a wave of protests across the country. |
| 11 |
which |
| 12 |
doesn't like |
| 13 |
An organizer involved in producing the masks, speaking on the condition of anonymity, said they received a call from a USPIS employee on Friday morning, hours after HuffPost’s initial story on the seizure ran. What was strange about the call, the person said, is that they weren’t the person who mailed the boxes or the point of contact. |
| 14 |
The organizer who received the call said the USPIS official said there would be a refund for the cost of express s***pping since the boxes wouldn’t be arriving on time, which would have allowed them to be used by protesters on Thursday night and this evening. |
| 15 |
Gaurav Laroia is the Senior Policy Counsel at consumer Group Free Press, working alongside the policy team on topics ranging from internet-freedom issues like Net Neutrality and media owners***p to consumer privacy and government surveillance. |
| 16 |
In the complaint, Ms. Denson’s attorneys argue that the campaign’s nondisclosure agreement, which all staffers were required to sign, “is wildly broad, prohibiting a vast array of speech about a candidate for the highest office and the current President of the United States—forever. And the campaign has repeatedly invoked its prohibitions in an effort to chill truthful political speech it dislikes.” |
| 17 |
[I]t contains a nondisparagement clause that prevents staffers from ever demeaning or disparaging the president, his family or his companies. |
| 18 |
Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endors*****ts by our editorial team. |
| 19 |
One thing above all else will restore order to our streets: an overwhelming show of force to disp*****, detain and ultimately deter lawbreakers. But local law enforcement in some cities desperately needs backup, while delusional politicians in other cities refuse to do what’s necessary to uphold the rule of law. |
| 20 |
James Bennet, the editor in charge of the opinion section, said in a meeting with staff members late in the day that he had not read the essay before it was published. Shortly afterward, The Times issued a statement saying the essay fell short of the newspaper’s standards. “We’ve examined the piece and the process leading up to its publication,” Eileen Murphy, a Times spokeswoman, said in a statement. “This review made clear that a rushed editorial process led to the publication of an Op-Ed that did not meet our standards. As a result, we’re planning to examine both short-term and long-term changes, to include expanding our fact-checking operation and reducing the number of Op-Eds we publish.” |
| 21 |
The woke left's march through the inst**utions, from experimental liberal arts campuses to the most hallowed journalistic outlets, has been breathtaking in its speed and scope. It's a generational war, and the GenXers for whom this stuff doesn't come natural are learning that they have to become fluent in the new language or end up as pariahs in their own newsrooms. The country's top editors—Jeffrey Goldberg at The Atlantic, David Remnick at The New Yorker—discover during moments of staff revolt that their old-timey notions about broad public squares and multi-viewpoint conversations are no longer tolerable. |
| 22 |
do |
| 23 |
"Apple uses copyright law as a “weapon” by putting multiple logos and QR-codes on each component part of its screens, knowing that the Chinese grey market will not specifically cater to repairers in other countries that zealously enforce copyright. This creates a kind of “roulette” for repairers who want to import affordable, refurbished parts from China. Apple can then ask customs authorities in these countries to seize refurbished parts s***pments. Meanwhile, Apple refuses to sell genuine spare parts to independent repairers in Europe. So they have a choice: buy either inferior generic parts or refurbished or after-market parts, like the kind Huseby bought. |
| 24 |
Charles Husted, the chief of police in Sedona, Arizona, couldn’t contain his excitement. He had just been accepted into the Public Agencies Advisory Council for Nextdoor, the neighborhood social networking app. |
| 25 |
“You’re the best!!! A great Christmas present,” he wrote in a December email to Parisa Safarzadeh, Government Relations Manager for Nextdoor.com Inc., obtained by CityLab through a public records request |
| 26 |
Husted says that leaning on social media — not just Nextdoor, but also Facebook or Twitter — in the line of duty is an inevitability of the current age. “It’s naive to think as public safety folks that we can keep doing our work the same as we have for years and years,” he said. “We have to evolve with the times, and the times have to do with social media: That’s where our communities are at. We have to find a way to be there too.” |
| 27 |
Robbie Turner, a senior city strategist with Nextdoor, wrote to Husted that when expanding Nextdoor’s reach to Canada, the company was using “the same strategy we used when we first launched in the U.S. — recruit the major Police Departments and have them help us grow members***p and engagement quickly.” |
| 28 |
Several public officials who were part of the Public Agencies Advisory Council say that the trip didn’t conflict with any city policies. Lara Foss, a corporate communications marketing consultant for the City of Austin, told CityLab that since the trip was work-related, it did not violate the city’s gift policy. Sedona’s Husted also said there were no endors*****t regulations that prohibited him from partic****ting. Katie Nelson, social media and public relations coordinator for the Mountain View Police Department in California, said that because the city’s policy prohibits taking paid trips on clocked time, she took a few days off from work to partic****te in the San Francisco meet-up. |
| 29 |
In the terms of Nextdoor’s NDA, advisory council members are not allowed to release public statements about the partners***p without the consent of Nextdoor, nor are they able to follow a court order to disclose any information deemed confidential by Nextdoor without alerting the company first. |
| 30 |
Today, we observe that beyond preprint communities that are typically organized around a field or set of fields, in recent years all the major publishers have made their own investments in preprint platforms. Publishers are integrating preprint deposit into their ma****cript submission workflows, and adopting a common strategy designed to take back control of preprints. |
| 31 |
they are bringing preprints inside their publis***ng workflows. This will afford them an opportunity to emphasize the importance of the version of record and its integrity. And, it will allow them to maximize their control over the research workflow as a whole, including datasets, protocols, and other artifacts of the research and publis***ng process. If successful, over time publishers will see fewer of the preprints of their eventual publications living "in the wild" and more of them on services and in workflows that they control. |
Techdirt.com
United States
External Link Count
: 135 
Virgin Islands, B...
Kuwait
Philippines
Cameroon
Other
Dominican Republi...
Cambodia
Romania
France
Portugal
Ecuador
Croatia
Fzmovies.net
Filmynew.mobi
Dlmania.com
Pinoymoviepedia.ru
Iranx.net
Sflix.se
Divyanet.com
Djqunjab.in
Www3.6Movies.net
Worldfree4U.markets
Vegamovies.photos
Mob.sslkn.mobi
Scatoday.net
Polkelections.com
Kingpenvapes.com
Cryptoknowmics.com
Homeq.se
Catamountsports.com
Corporationwiki.com
Webspobles2.ddgi.cat
Coloradotrees.org
Cestlaz.github.io
Hdmovie2.pink
Fantasy.premierleague.com
Sheer.com
Nanovids.com
p****hits.com
Freep****8.com
Nh*****.to
Vegamovies.cab
Drpournamdari.com
Jaalo.com
Nesotek.com