Using Public Disclosure as the Vesting Point for Moral Rights under the Visual Artists Rights Act

In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is created under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents it to the public. This standard is more consistent with the history of moral rights. Additionally, public access is necessary to justify a treatment of art different from that of other types of property, and it is a more essential component of moral rights than an artist\u27s feelings of connection to his work. Finally, the legislative intent behind the Visual Artists Rights Act and the reasoning in previous judicial decisions are more accurately reflected by a public disclosure standard. Utilizing creation as a vesting point for moral rights is not supported by the history of the Visual Artists Rights Act and will result in uncertainty and inconsistency in future decisions

Using Public Disclosure as the Vesting Point for Moral Rights under the Visual Artists Rights Act

In 2010, the Court of Appeals for the First Circuit confronted the novel question of when moral rights protections vest under the Visual Artists Rights Act. In Massachusetts Museum of Contemporary Art Foundation, Inc. v. Bichel, the First Circuit determined that the protections of the Visual Artists Rights Act begin when a work is created under the Copyright Act. This Note argues that this decision harms moral rights conceptually and is likely to result in unpredictable and inconsistent decisions. This Note proposes instead that these statutory protections should vest when an artist determines that his work is complete and presents it to the public. This standard is more consistent with the history of moral rights. Additionally, public access is necessary to justify a treatment of art different from that of other types of property, and it is a more essential component of moral rights than an artist\u27s feelings of connection to his work. Finally, the legislative intent behind the Visual Artists Rights Act and the reasoning in previous judicial decisions are more accurately reflected by a public disclosure standard. Utilizing creation as a vesting point for moral rights is not supported by the history of the Visual Artists Rights Act and will result in uncertainty and inconsistency in future decisions

Deposit and suspension feeding in oscillatory flows and sediment fluxes

We present a survey of feeding behavior of benthic organisms in oscillatory flow and sediment fluxes. These results are based on seventeen species from five phyla and several feeding guilds from an intertidal sandflat and the continental shelf of the Mid-Atlantic coast, U.S.A. General responses to oscillatory flows are: (1) nearly immediate change in feeding behavior or position of feeding appendage when flow is initiated, (2) decrease in feeding area for surface deposit feeders, often (3) alteration of feeding mode, and when anatomically permitted (4) rotation of feeding appendages to track flow direction. At high sediment fluxes, responses are functional group and morphology-specific. Organisms with one or two muscular feeding appendages continue to feed (e.g., Spio setosa, Spiochaetopterus oculatus and Emerita talpoida), while those with a crown of tentacles cannot (e.g., Pista palmata, Serpula vermicularis granulosa, and Terebella rubra). A continental shelf brittle star, Amphipholis squamata, ceases suspension feeding in high flows. Organisms with strong tentacles feed at the sediment surface in much restricted feeding area (Marenzelleria jonesi and Saccoglossus kowalevskii). Organisms with long, thin palps coil them helically and capture particles in near-bed flux (Spiochaetopterus oculatus and Spio setosa). Siphonate feeders maintain siphon tips near the sediment surface and continue pumping (Ensis directus, Mercenaria mercenaria and Tagelus plebeius). A sedentary omnivore (Diopatra cuprea) is able to capture food particles in low and moderate flow, but in high flows the tube opening is closed. Motile scavengers may either increase (Pagurus longicarpus) or decrease (Echinarachnius parma and Ilyanassa obsoleta) movement rate. Of all species studied, only the burrowing predatory starfish Astropecten americanus showed no change in behavior with respect to oscillatory flow. In addition, we report detailed quantitative changes in feeding behavior by a facultative suspension-feeding spionid polychaete Spio setosa and an obligate deposit-feeding terebellid polychaete Terebella rubra which indicate hysteresis or time-dependence in the response to flow and sediment flux. We attempt a summary of responses by functional group and morphology and suggest that new descriptive terms combining low-flow feeding behavior and morphology are needed to characterize feeding modes adequately. Our analysis suggests that it is important to consider the possible presence of flow and flux micro-environments, an individual organisms\u27s variability, flow history and the various time scales of behavioral responses and other biological rate processes. There is a current need for dynamic feeding models that incorporate these factors as well as for experimental tests of the derived predictions

Effect of Gsk3 inhibitor CHIR99021 on aneuploidy levels in rat embryonic stem cells

Germline competent embryonic stem (ES) cells can serve as a tool to create genetically engineered rat strains used to elucidate gene function or provide disease models. In optimum culture conditions, ES cells are able to retain their pluripotent state. The type of components present and their concentration in ES cell culture media greatly influences characteristics of ES cells including the ability to maintain the cells in a pluripotent state. We routinely use 2i media containing inhibitors CHIR99021 and PD0325901 to culture rat ES cells. CHIR99021 specifically inhibits the Gsk3β pathway. We have found that the vendor source of CHIR99021 has a measurable influence on the level of aneuploidy seen over time as rat ES cells are passaged. Karyotyping of three different rat ES cell lines passaged multiple times showed increased aneuploidy when CHIR99021 from source B was used. Mass spectrometry analysis of this inhibitor showed the presence of unexpected synthetic small molecules, which might directly or indirectly cause increases in chromosome instability. Identifying these molecules could further understanding of their influence on chromosome stability and indicate how to improve synthesis of this media component to prevent deleterious effects in culture

rtMEG: A Real-Time Software Interface for Magnetoencephalography

To date, the majority of studies using magnetoencephalography (MEG) rely on off-line analysis of the spatiotemporal properties of brain activity. Real-time MEG feedback could potentially benefit multiple areas of basic and clinical research: brain-machine interfaces, neurofeedback rehabilitation of stroke and spinal cord injury, and new adaptive paradigm designs, among others. We have developed a software interface to stream MEG signals in real time from the 306-channel Elekta Neuromag MEG system to an external workstation. The signals can be accessed with a minimal delay (≤45 ms) when data are sampled at 1000 Hz, which is sufficient for most real-time studies. We also show here that real-time source imaging is possible by demonstrating real-time monitoring and feedback of alpha-band power fluctuations over parieto-occipital and frontal areas. The interface is made available to the academic community as an open-source resource

Sequence analysis and editing for bisulphite genomic sequencing projects

Bisulphite genomic sequencing is a widely used technique for detailed analysis of the methylation status of a region of DNA. It relies upon the selective deamination of unmethylated cytosine to uracil after treatment with sodium bisulphite, usually followed by PCR amplification of the chosen target region. Since this two-step procedure replaces all unmethylated cytosine bases with thymine, PCR products derived from unmethylated templates contain only three types of nucleotide, in unequal proportions. This can create a number of technical difficulties (e.g. for some base-calling methods) and impedes manual analysis of sequencing results (since the long runs of T or A residues are difficult to align visually with the parent sequence). To facilitate the detailed analysis of bisulphite PCR products (particularly using multiple cloned templates), we have developed a visually intuitive program that identifies the methylation status of CpG dinucleotides by analysis of raw sequence data files produced by MegaBace or ABI sequencers as well as Staden SCF trace files and plain text files. The program then also collates and presents data derived from independent templates (e.g. separate clones). This results in a considerable reduction in the time required for completion of a detailed genomic methylation project

Last resort or key resource? Women workers from the Nazi-occupied Soviet territories, the Reich labour administration and the German war effort

Foreign labour was an essential resource for the Nazi war economy: by September 1944, around six million civilian labourers from across Europe were working in the Reich. Any initial readiness on the part of the peoples of Nazi-occupied Europe to volunteer for work in the Reich had quickly dissipated as the harsh and often vicious treatment of foreign workers became known. The abuse and exploitation of foreign forced labourers by the Nazi regime is well documented. Less well understood is why women formed such a substantial proportion of the labour recruited or forcibly deported from occupied eastern Europe: in September 1944, a third of Polish forced labourers and just over over half of Soviet civilian forced labourers were women. This article explores the factors influencing the demand for and the supply of female labour from the Nazi-occupied territories of the Soviet Union, particularly after the appointment of Fritz Sauckel as Plenipotentiary for Labour in March 1942. It explores the attitudes of labour officials towards these women workers and shows how Nazi gender politics and the Nazi hierarchy of race intersected in the way they were treated

A primate model of severe malarial anaemia: a comparative pathogenesis study.

Severe malarial anaemia (SMA) is the most common life-threatening complication of Plasmodium falciparum infection in African children. SMA is characterised by haemolysis and inadequate erythropoiesis, and is associated with dysregulated inflammatory responses and reduced complement regulatory protein levels (including CD35). However, a deeper mechanistic understanding of the pathogenesis requires improved animal models. In this comparative study of two closely related macaque species, we interrogated potential causal factors for their differential and temporal relationships to onset of SMA. We found that rhesus macaques inoculated with blood-stage Plasmodium coatneyi developed SMA within 2 weeks, with no other severe outcomes, whereas infected cynomolgus macaques experienced only mild/ moderate anaemia. The abrupt drop in haematocrit in rhesus was accompanied by consumption of haptoglobin (haemolysis) and poor reticulocyte production. Rhesus developed a greater inflammatory response than cynomolgus macaques, and had lower baseline levels of CD35 on red blood cells (RBCs) leading to a significant reduction in the proportion of CD35+ RBCs during infection. Overall, severe anaemia in rhesus macaques infected with P. coatneyi has similar features to SMA in children. Our comparisons are consistent with an association of low baseline CD35 levels on RBCs and of early inflammatory responses with the pathogenesis of SMA