Archive for the ‘Polls’ Category

Nobel Prize Winner and Patents

Wednesday, October 24th, 2018

I thought this was an interesting article about Dr. James Allison, the cancer researcher who was recently named the recipient of the 2018 Nobel Prize for Medicine.  [Link].

You can see some of Dr. Allison’s patents below:

10,023,637

9,375,475

8,709,417

6,051,227

5,811,097

 

[poll id=”6″]

Breckenridge troll might be gone faster than you can say “Rule 36”

Tuesday, October 23rd, 2018

I reported previously about the new troll that arrived in Breckenridge over the summer. [Link].  Just a heads up, Mr. Troll might not be here, if you  are coming out to Colorado this winter.

 

 

If you were trying to remember the text of the Visual Artist Rights Act from your law school days, here it is:

§106A. Rights of certain authors to attribution and integrity

(a) Rights of Attribution and Integrity.—Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art—

(1) shall have the right—

(A) to claim authorship of that work, and

(B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;

 

(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

(3) subject to the limitations set forth in section 113(d), shall have the right—

(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and

(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

 

(b) Scope and Exercise of Rights.—Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.

(c) Exceptions.—(1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A).

(2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence.

(3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).

(d) Duration of Rights.—(1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.

(2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.

(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.

(4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.

(e) Transfer and Waiver.—(1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.

(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.

(Added Pub. L. 101–650, title VI, §603(a), Dec. 1, 1990, 104 Stat. 5128.)

 

[poll id=”5″]

 

_______________________________________________________________

Update 10/24/18:

The Breckenridge Town Council voted to let the troll sculpture stay in place at least until next spring.  Hopefully, it will not mysteriously spontaneously combust in the middle of the night before then.

 

Federal Circuit oral argument(s) at the AIPLA Annual Meeting?

Monday, October 22nd, 2018

The annual meeting of the AIPLA seems to be held at the end of October each year.  Unfortunately, this is just before the November oral arguments are held by the Federal Circuit.  So, attorneys visiting D.C. for the annual meeting do not have the opportunity to sit in on oral arguments at the Federal Circuit.

Perhaps the AIPLA and Federal Circuit could arrange for an oral argument to be held as part of the annual meeting event and at the hotel where the meeting takes place.  I think many visiting attorneys would be interested in attending.

 

[poll id=”4″]

Yet another poll test

Thursday, October 18th, 2018

I’m experimenting with a new poll plug-in.  Please take the poll below.

 

 

[poll id=”3″]