Trespass-copyright parallels and the harm-benefit distinction

Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)Currently, the elements of a plaintiff’s cause of action for copyright largely follow the tort of trespass to land in that volitional entry (for land) or volitional copying (for copyright) gives rise to liability regardless of proof of harm and without any need for the plaintiff to prove the defendant acted unreasonably. Many scholars have criticized copyright law for following the strict liability model of real property trespass, and have suggested alternatives that would more resemble conditional causes of action such as unfair competition, nuisance, or negligence. In Foreseeability and Copyright Incentives, Professor Shyamkrishna Balganesh argues that copyright plaintiffs should be required to prove foreseeability in order to make out a copyright claim. In this response, Professor Wendy Gordon suggests some new reasons why the tort of copyright infringement should be reformulated to abandon the trespass-to-land model, and explores some of the merits and shortcomings of Balganesh’s own version of the revised tort

The Montclarion, April 22, 1970

Student Newspaper of Montclair State Collegehttps://digitalcommons.montclair.edu/montclarion/1135/thumbnail.jp

Mythcon 24 - Down the Hobbit-hole & Through the Wardrobe: Fantasy in Children\u27s Literature

Mythcon XXIV is pleased to offer you a wide selection of daytime programming, including scholarly papers, panel discussions, readings, storytelling, and other events, beginning at 1:00 p.m. on Friday. We recommend studying our Pocket Program to choose the events you wish to attend each hour and to plan when to visit our Art Show and Dealers\u27 Room

Pacific Review Fall 2012

https://scholarlycommons.pacific.edu/pacific-review/1011/thumbnail.jp

What is Same but Different and why does it matter?

A detailed outline of the Same but Different Desert Art forums held in Alice Springs in 2012 and 2013, and an introduction to the essays, interviews, films and images that make up the 'Same but Different' section of this issue of CSR

Battling the big one: LGBTQ inclusive art education during the Trump era

Recently, because of our new political atmosphere, there have been many attacks on lesbian, gay, bisexual, transgender, and queer, or LGBTQ+, individuals and communities. Even though there have been positive developments in the past few years, homophobia is still a major concern for many people in the Unit- ed States. These issues often manifest themselves to a greater degree within the microcosm of public schools where LGBTQ+ students are forced to deal with hateful speech, heteronorma- tive environments, and rampant homophobia. These strugglescan have harmful e ects on the social and emotional develop- ment of queer youth. Progressive and inclusive art educationthat provides re ective and thoughtful creative projects may aidin identity development, increase self-esteem, and encourage activism, thus helping to improve the lives of LGBTQ+ youth and educators

IMPACT: The Journal of the Center for Interdisciplinary Teaching and Learning. Volume 4, Issue 1, Winter 2015

Impact: The Journal of the Center for Interdisciplinary Teaching & Learning is a peer-reviewed, biannual online journal that publishes scholarly and creative non-fiction essays about the theory, practice and assessment of interdisciplinary education. Impact is produced by the Center for Interdisciplinary Teaching & Learning at the College of General Studies, Boston University (www.bu.edu/cgs/citl)

THE THING Hamburg:A Temporary Democratization of the Local Art Field

THE THING Hamburg was an experimental Internet platform whose vocation was to contribute to the democratization of the art field, to negotiate new forms of art in practice, and to be a site for political learning and engagement. We, the authors, were actively involved in the project on various levels. In this paper, we trace the (local) circumstances that led to the emergence of the project and take a look at its historical precursor, we reflect on the organizational form of this collectively-run and participatory platform, and we investigate the role locality can play in the development of political agency. As a non-profit Internet platform built with free software, the project also invites a reflection of the role technology can play for the creation of independent experimental spaces for social innovation and how they make a difference against the backdrop of corporate social media. Relating the project to both the conceptual innovations of the Russian avant-garde as well as media-utopian projections shows that THE THING Hamburg stands in the tradition of an art that expands its own field by invoking a self-issued social assignment. Challenging the norms and in stitutions of the art field does not remain an exercise in self-referentiality; it rather redefines the role of art as an agent for political learning and how the use of technology in society at large can be emancipatory. And just as small projects like the THE THING Hamburg draw on old utopias for their contemporary negotiations of art, they equally produce more questions than they provide answers

Daily Eagle November 2018

Daily Eagle, a daily college newsletter for the month of November 2018