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Showing posts with label lawsuits I hope will succeed. Show all posts
Showing posts with label lawsuits I hope will succeed. Show all posts

Thursday, November 15, 2012

George Washington shouldn't have told so many lies.

Dishonored. De-ranked by U.S. News.
"Students are very, very worried about this,” said Scheckter, 21. "They are worried about graduating, applying to graduate school having a degree from a university that is now ranked the same as the University of Phoenix, which, no offense to them, is not the same institution. A lot of people pay a hell of a lot of money to come here, thinking they will get a degree from a top 50 university.”
The university ought to refund part of that tuition. I'm picturing a lawsuit.

Sunday, June 3, 2012

"Cop Arrests NBC Reporters, Says Your First Amendment Right Can Be Terminated."

"What’s his name? The police officer’s name should be reported. If I ran a media operation, anytime someone laid hands on one of my reporters, I’d publish his or her name, picture, and disciplinary record. Then I’d file a lawsuit. Every single time."

ADDED: That this police officer would talk like that to news reporters is evidence that he talks like that on such a regular basis that he doesn't even notice how shocking it sounds to people who know what rights are. It's important to push back hard against this kind of policing for the sake of all the people who don't know what their rights are and who can be controlled and oppressed by false information coming from an authority figure.

Friday, June 19, 2009

Give this law student a million dollars.

A contracts case for your delectation:
During the course of the ["Dateline"] interview, [James] Mason said it was impossible for Serrano to have committed the murders, since it would have required his client to fly from Orlando to Atlanta, exit one of the busiest airports in the world, and arrive at a hotel five miles away in less than a half hour.

"I challenge anybody to show me, I'll pay them a million dollars if they can do it," said Mason on the show....

Dustin Kolodziej, an enterprising law student at South Texas College of Law, decided to take up Mason's challenge. In December, 2007, Kolodziej retraced Serrano's alleged route and made a video recording of the travel. He made the Orlando-to-Atlanta-hotel trip in under 28 minutes.

... Was Mason's "Dateline" exclamation a rhetorical flurry or an actual offer that created an implied oral contract when Kolodziej accepted?

Tuesday, February 10, 2009

Shepard Fairey sues AP before it sues him.

"Mr. Fairey’s lawyers... contend in the suit that Mr. Fairey used the photograph only as a reference and transformed it into a 'stunning, abstracted and idealized visual image that created powerful new meaning and conveys a radically different message” from that of the shot [Mannie] Garcia took. The suit asks the judge to declare that Mr. Fairey’s work is protected under fair-use exceptions to copyright law, which allow limited use of copyrighted materials for purposes like criticism or comment."

I hope Fairey wins this one. To make an Obama poster, an artist has to refer to some image of Obama, and Fairey chose a perfectly generic photograph. How else are you supposed to do an artwork about a famous person? Garcia's image was mainly the raw material Obama provided by having a face. I suppose Fairey could have looked at a couple images and made a freehand drawing or morphed a series of photographs, but he still would have needed to appropriate someone's photography.
Further complicating the dispute, Mr. Garcia contends that he, not The Associated Press, owns the copyright for the photo, according to his contract with the The A.P. at the time. In a telephone interview on Monday, Mr. Garcia said he was unsure how he would proceed now that the matter had landed in court. But he said he was very happy when he found out that his photo was the source of the poster image and that he still is.
Well, if this were a Civil Procedure exam, that would be a good joinder problem.
“I don’t condone people taking things, just because they can, off the Internet,” Mr. Garcia said. “But in this case I think it’s a very unique situation.”
No, it's really not unique, other than the high profile of the artwork and the consequential strong whiff of money. I hope Fairey uses the power he has acquired to establish the rights of smaller artists to use news photographs to make artworks about celebrities.
He added, “If you put all the legal stuff away, I’m so proud of the photograph and that Fairey did what he did artistically with it, and the effect it’s had.”
I ♥ Garcia. But let me say that his pride in the new and brilliantly expanded life of his photograph is something that belongs in the law, something that should affect the fair use doctrine. What if Garcia had been asked at the outset: Would you accept the use of your photograph in this manner, with no money going to you, or would you prefer that the artist appropriated someone else's generic photo of Obama's face? Because it's obvious that Garcia would say yes [— please use my photograph —], I would like to see the court hold it to be fair use.