Inherent Powers and the Limits of Public Health Fake News

(Excerpt) In a Vero Beach, Florida, supermarket, Susan Wiles rode her motorized cart through the produce aisle. In any year other than 2020 or 2021, this would have been a routine trip to the grocery store. But in 2020, Mrs. Wiles was missing an accessory that had become ubiquitous in society during that year: a face mask. Despite causing a commotion, Mrs. Wiles stood by her decision, claiming that the concerns about COVID-19 were overblown: “I don’t fall for this. It’s not what they say it is.” Mrs. Wiles’ statement is emblematic of the year 2020. This is not the era of truth, but of alternative facts, fake news, and disinformation. For most Americans, the novel coronavirus disease 2019 (“COVID-19”) pandemic has dictated our lives for over two years. But the facts that different Americans adhere to have varied considerably. For example, in July 2020, Dr. Stella Immanuel claimed, “This virus has a cure. It is called hydroxychloroquine, zinc, and Zithromax, . . . I know you people want to talk about a mask. Hello? You don’t need [a] mask. There is a cure.” The “cure,” despite lacking any scientific support, was touted by President Donald J. Trump and others to counter medical recommendations for a lockdown. In other cases, individuals followed other “miracle” cures they found on the Internet, such as drinking bleach or concentrated alcohol, the latter of which led to an estimated 800 deaths and over 5,000 hospitalizations worldwide. Others, like Mrs. Wiles, believed rumors that COVID- 19 is merely an overblown hoax from which doctors and hospitals can profit. Public faith in COVID-19 vaccines is also being undermined through the widespread circulation of various fake conspiracy theories about the dangers of vaccines and government oversight

Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, and the Path to Economic Development

Bollywood and the Indian film industry have enjoyed enormous success, being among the largest movie producers in the world. Yet, despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, from US and other international films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty years, but under international, US, and Indian copyright law, the legality of the practice remains in an unsettled gray area. Current literature on Indian cultural adaptation remains sparse and focuses on greater enforcement by India or Hollywood studios, at least partially condemning the practice. This Article instead argues that the practice of Indian cultural adaptation at least partially aligns with other limitations on the scope of copyright, including the expression-idea distinction, fair use, and the scène à faire doctrine. Drawing on a growing trend in law and economic development literature to craft property rights on a country-by-country basis, this Article also argues that explicit legalization of limited Indian cultural adaptation would benefit India culturally and economically, ultimately assisting the Indian entertainment industry with obtaining foreign investment on more favorable terms and further develop its burgeoning talent

Keeping the Barbarians at the Gates: The Promise of the UNESCO and UNIDROIT Conventions for Developing Countries

The illicit trade in cultural property is a global phenomenon, powered by criminal networks and smuggling trains that sacrifice local culture for the black market of the art world. Headlines featuring the Islamic State’s lucrative exchange in stolen cultural property, among other incidents, have raised the profile of the illicit cultural property trade on the global stage. Developing countries, as the most prominent source countries of cultural property, are particularly at risk. Existing scholarship has searched for a solution to this crisis, suggesting a new international treaty to protect cultural property or recommending the utilization of adjacent legal fields. However, these solutions overlook the ready benefits of two existing international treaties on cultural property, the United Nations Educational, Scientific and Cultural Organization (“UNESCO”) and United Nations International Institute for the Unification of Private Law (“UNIDROIT”) Conventions. While the UNESCO and UNIDROIT Conventions do not provide an absolute solution to the illicit cultural property trade, they are accessible and underutilized options that are particularly calibrated to assist developing countries. Increased ratification of the UNESCO and UNIDROIT Conventions would grant source country States Parties the enforcement benefits of the import regulations and domestic court systems of market country States Parties, and the strength of the Conventions would rise as the number of signatories increases. The costs imposed on developing country signatories are deliberately low to aid them in protection and recovery. Furthermore, the adoption of these two Conventions does not constrain States Parties from contemplating and implementing additional mechanisms to further protect cultural property. The UNESCO and UNIDROIT Conventions thus offer ready, underutilized options for developing countries to better protect their cultural property

Culture and Fair Use

The intersections of race and copyright have been underexamined in legal scholarship, despite repeated calls for further scrutiny. The scholarship has so far focused primarily on identifying where copyright has fallen short in protecting the creative works of artists of color. This Article, instead, hopes to offer one viable solution for creating more inclusivity of different cultures in copyright: the approval of cultural adaptations under fair use. Cultural adaptations—the transformation of preexisting works to reflect the cultural and social mores and norms of a different group—would appear at first glance to be prohibited as derivative works, which, under the Copyright Act, can only be created by copyright owners. A culture-centered approach to fair use, however, offers the possibility of permitting at least certain cultural adaptations. While this question would be one of first impression for courts, cultural adaptations can—and should—be understood to constitute fair use. Cultural adaptations comment on and transform the original work by recontextualizing it for different cultural markets. In addition, permitting cultural adaptations advances the goal of copyright and the public policy goal of diversity in expression and representation by fostering the creation of more works, and especially more works for and by minority artists

Synchronizing Copyright and Technology: A New Paradigm for Sync Rights

Embedded in a copyright owner’s musical work or sound recording is the synchronization, or sync right, the exclusive right to use music in sync, or in timed-relation, with audiovisual works. Considerations about sync rights, one of the least discussed aspects of music copyright, have come to the fore as the world has increasingly moved from the real world to the virtual. The COVID-19 pandemic has spurred thousands of activities and events to go online. With many of these involving music, the shift to the virtual world has raised new questions about the extent of sync rights

Metabolomic profiling of macrophages determines the discrete metabolomic signature and metabolomic interactome triggered by polarising immune stimuli

Priming and activating immune stimuli have profound effects on macrophages, however, studies generally evaluate stimuli in isolation rather than in combination. In this study we have investigated the effects of pro-inflammatory and anti-inflammatory stimuli either alone or in combination on macrophage metabolism. These stimuli include host factors such as IFNγ and ovalbumin-immunoglobulin immune complexes, or pathogen factors such as LPS. Untargeted LC-MS based metabolomics provided an in-depth profile of the macrophage metabolome, and revealed specific changes in metabolite abundance upon either individual stimuli or combined stimuli. Here, by factoring in an interaction term in the linear model, we define the metabolome interactome. This approach allowed us to determine whether stimuli interact in a synergistic or antagonistic manner. In conclusion this study demonstrates a robust approach to interrogate immune-metabolism, especially systems that model host-pathogen interactions

Combined bezafibrate and medroxyprogesterone acetate: potential novel therapy for acute myeloid leukaemia

Background: The majority of acute myeloid leukaemia (AML) patients are over sixty years of age. With current treatment regimens, survival rates amongst these, and also those younger patients who relapse, remain dismal and novel therapies are urgently required. In particular, therapies that have anti-leukaemic activity but that, unlike conventional chemotherapy, do not impair normal haemopoiesis. Principal Findings: Here we demonstrate the potent anti-leukaemic activity of the combination of the lipid-regulating drug bezafibrate (BEZ) and the sex hormone medroxyprogesterone acetate (MPA) against AML cell lines and primary AML cells. The combined activity of BEZ and MPA (B/M) converged upon the increased synthesis and reduced metabolism of prostaglandin D2 (PGD2) resulting in elevated levels of the downstream highly bioactive, anti-neoplastic prostaglandin 15-deoxy Δ12,14 PGJ2 (15d-PGJ2). BEZ increased PGD2 synthesis via the generation of reactive oxygen species (ROS) and activation of the lipid peroxidation pathway. MPA directed prostaglandin synthesis towards 15d-PGJ2 by inhibiting the PGD2 11β -ketoreductase activity of the aldo-keto reductase AKR1C3, which metabolises PGD2 to 9α11β-PGF2α. B/M treatment resulted in growth arrest, apoptosis and cell differentiation in both AML cell lines and primary AML cells and these actions were recapitulated by treatment with 15d-PGJ2. Importantly, the actions of B/M had little effect on the survival of normal adult myeloid progenitors. Significance: Collectively our data demonstrate that B/M treatment of AML cells elevated ROS and delivered the anti-neoplastic actions of 15d-PGJ2. These observations provide the mechanistic rationale for the redeployment of B/M in elderly and relapsed AML

Changes in plasma itaconate elevation in early rheumatoid arthritis patients elucidates disease activity associated macrophage activation

Objective. To characterize changes in the plasma metabolic profile in newly diagnosed rheumatoid arthritis (RA) patients upon commencement of conventional disease modifying anti-rheumatic drug (cDMARD) therapy. Methods. Plasma samples collected in an early RA randomized strategy study (NCT00920478) that compared clinical (DAS) disease activity assessment with musculoskeletal ultrasound assessment (MSUS) to drive treatment decisions were subjected to untargeted metabolomic analysis. Metabolic profiles were collected at pre- and 3 months post commencement of non-biologic cDMARD. Metabolites that changed in association with changes in the DAS44 score were identified at the 3 month timepoint. Results. A total of ten metabolites exhibited a clear correlation with reduction in DAS44 score following cDMARD commencement, particularly itaconate, its derived anhydride and a derivative of itaconate coA. Increasing itaconate correlated with improved DAS44 score and decreasing levels of CRP. Conclusion. cDMARD treatment effects invoke consistent changes in plasma detectable metabolites, that in turn implicate clinical disease activity with macrophages. Such changes inform RA pathogenesis and reveal for the first time a link between itaconate production and resolution of an inflammatory disease in humans. Quantitative metabolic biomarker based tests of clinical change in state are feasible and should be developed around the itaconate pathway