Constitutional Hazard:The California Resale Royalty Act and the Futility of State-Level Implementation of \u3cem\u3eDroit de Suite\u3c/em\u3e Legislation

Répétition d’un Ballet, the famous painting by French artist Edgar Degas, sold for $401,000 in 1965. The jubilant seller bragged that Degas originally asked a mere$100 for the painting. In his early career, celebrated American artist Norman Rockwell sold original works like Homecoming Marine and Breaking Home Ties for a few hundred dollars each. In the last decade, these paintings were resold for $9.2 million and$15.4 million at Sotheby’s auctions, but the Rockwell estate received nothing in these transactions. Over the centuries, great wealth in the arts has rarely translated into great wealth for the artist. Since its inception in France, the resale royalty known as the droit de suite has aimed at remedying this perceived injustice. Although a resale royalty right is currently recognized in seventy-nine jurisdictions, California is the only American jurisdiction to have adopted it. The California Resale Royalties Act (CRRA), enacted in 1976, grants visual artists the right to collect a 5% royalty on the total sales price each time their works are resold in California or by a resident of California. The fate of the California Resale Royalty Act, however, currently rests with the U.S. Court of Appeals for the Ninth Circuit. Unfortunately for the artists who have sued eBay, Sotheby’s and Christie’s to collect royalties under the law, the California Resale Royalty Act violates the U.S. Constitution. The CRRA requires a 5% royalty to be withheld from the sales price for the artist of any work of art that is sold by a California resident, irrespective of where that sale takes place. Granting the auction houses’ motion to dismiss, the District Court for the Central District of California ruled that the law exceeds the constitutional limitations on a state’s ability to regulate transactions occurring outside its borders. The California legislature recognized that “were the CRRA to apply only to sales occurring in California, the art market would surely have fled the state to avoid paying the 5% royalty.” Yet this extraterritorial feature of the CRRA has led to its undoing. State laws that reach beyond their borders to regulate sales in other states are subject to scrutiny under the Supreme Court’s dormant commerce clause jurisprudence. As the California governor and legislature were warned before signing the bill into law, the CRRA’s extraterritorial reach is an affront to the U.S. Constitution. On the other hand, all hope is not lost for an American droit de suite. Perhaps recognizing the futility of state-level legislation, the Copyright Office recently retreated from its prior disapproval of federal droit de suite legislation. The Copyright Office now “believe[s] that Congress may want to consider a resale royalty,” and has issued a comprehensive report with a succinct list of practical recommendations for effective implementation and enforcement. Although artists may have lost the battle with the CRRA, the Copyright Office’s report indicates that they may yet be able to win the war for a resale royalty

Constitutional Hazard: The California Resale Royalty Act and the Futility of State-Level Implementation of Droit de Suite Legislation

Répétition d’un Ballet, the famous painting by French artist Edgar Degas, sold for $401,000 in 1965. The jubilant seller bragged that Degas originally asked a mere$100 for the painting. In his early career, celebrated American artist Norman Rockwell sold original works like Homecoming Marine and Breaking Home Ties for a few hundred dollars each. In the last decade, these paintings were resold for $9.2 million and$15.4 million at Sotheby’s auctions, but the Rockwell estate received nothing in these transactions. Over the centuries, great wealth in the arts has rarely translated into great wealth for the artist. Since its inception in France, the resale royalty known as the droit de suite has aimed at remedying this perceived injustice. Although a resale royalty right is currently recognized in seventy-nine jurisdictions, California is the only American jurisdiction to have adopted it. The California Resale Royalties Act (CRRA), enacted in 1976, grants visual artists the right to collect a 5% royalty on the total sales price each time their works are resold in California or by a resident of California. The fate of the California Resale Royalty Act, however, currently rests with the U.S. Court of Appeals for the Ninth Circuit

A comprehensive study on Twak Shareera and an experimental study to evaluate histological changes observed by application of Jathyadi Taila

Background: Twak is the outermost protective layer as well as largest sensory organ of body. Acharya Susrutha and Acharya Charaka described its layers according to their functions and diseases, which are related to those layers. It is the location of sweat channels, hairs and hair pits. It is the largest organ constituting 15 -20% of total body mass. Objectives: To do the literary study of Twak Shareera as explained in Samhitha, Comparative study of Twak Shareera with contemporary science and to study the wound healing process on the effect of Jathyadi Taila in experimental Wistar albino rats with control, standard and test group with the help of histological observation. Methodology: Literary study was done by collecting references from different Samhitas, contemporary science, journals and web sites. Experimental study was carried out on albino rats, wound is made under aseptic conditions and the skin is taken for histopathological study. Jathyadi Taila is applied at the site of wound in test group, Povidone- iodine is applied in Standard group and control group is left for natural healing. The skin is taken for histopathological studies on the 24th day in all the three groups. Results: The event in the wound healing like inflammatory phase, the granulation tissue, fibroblast etc are seen in histopathological studies. Application of Jathyadi Taila has shown significant results in wound healing and scar remodelling. The data shows there was Increase in percentage wound contraction of healing in standard and test group, when compared to the normal control group. The observed increase was found to be statistically significant. Conclusion: Jathyadi Taila does Shodhana and Ropana of Vrana by the virtue of its ingredients and its properties. Jathyadi Taila has shown significant results in wound healing and scar remodelling

A comprehensive study on Twak Shareera

Background: Twak is the outermost protective layer as well as largest sensory organ of body. Acharya Susrutha and Acharya Charaka described its layers according to their functions and diseases, which are related to those layers. It is the location of sweat channels, hairs and hair pits. It is the largest organ constituting 15-20% of total body mass. Objectives: To do the literary study of Twak Shareera as explained in Samhitha and Comparative study of Twak Shareera with contemporary science. Methodology: Literary study was done by collecting references from different Samhitas, contemporary science, journals and web sites. Conclusion: Twak is one of the Indriya Adhishtana. The total thickness of the Twak is Angushtodara Pramana, which is approximately 5.95 Yavas. After this study, Twak layers can be compared with skin. Avabhasini and Lohitha as Stratum Corneum, Sweta as stratum lucidum, Tamra as stratum spinousm and stratum granulosum, Vedini as stratum basale and papillary dermis, Rohini as reticular Dermis and Mamsadhara Twak as Superficial fascia

Concept of Sushrutokta Guda Shareera

Swastha Rakshana and Vikara Prashamana are the prime goals of Ayurveda. Knowledge about structural and functional aspect of Shareera is considered as a key to reach these goals. Guda is one such structural entity explained in Ayurveda, which play a role in elimination of Pureesha and Apana Vata. In Basti Chikitsa, one of the prime treatment modality of Vata medicine usually administered through Guda Marga only. Hence knowledge of Guda is helpful in understanding the physiology of Pureesha Bahirgamana and concept of Basti Chikitsa. In this article an attempt is made to understand the concept of Sushrutokta Guda Shareera

Integrating Air Vents and Polystyrene in Light Weight Brick to Maintain HVAC

The main objective of this project is to implement Integrating Air Vents and Polystyrene in Light Weight Brick to Maintain HVAC Methods: The brick firing process temperature, PSF types and mix content, densities, water absorption, compressive strength are all examined and analyzed in this analysis. Although the use of polystyrene is implemented in the building sector to maintain the thermal efficiencies in the buildings. But still it is rarely used due to the lack of scientific knowledge on the behaviour of polystyrene in maintaining of the thermal efficiency. This analysis considers giving an overview of the requirements and importance of maintaining the temperatures in the buildings. Findings: More over the importance of an application of Thermal Insulating Brick (TIB) in building sector is emphasized and shown in this paper. Comparison of conventional light weight brick is done with polystyrene in light weight brick. Hence from results it can conclude that polystyrene in light weight brick gives effective outcome in terms of performance, test capability and life time. Performance will be improved, test capability will be increased and life time will be increased. Novelty: As a result, the present analysis aims to decrease the density of the bricks and enhance their thermal insulation properties. Polystyrene foam has become one of the substances that are used to create pores in the raw materials for bricks

Automatic Detection of Fake Profiles in Online Social Networks

In the present generation, the social life of everyone has become associated with the online social networks. These sites have made a drastic change in the way we pursue our social life. Making friends and keeping in contact with them and their updates has become easier. But with their rapid growth, many problems like fake profiles, online impersonation have also grown. There are no feasible solution exist to control these problems. In this project, we came up with a framework with which automatic detection of fake profiles is possible and is efficient. This framework uses classification techniques like Support Vector Machine, Naïve Bayes and Decision trees to classify the profiles into fake or genuine classes. As, this is an automatic detection method, it can be applied easily by online social networks which has millions of profile whose profiles can not be examined manually

Loading as a design parameter for genetic circuits

A significant problem when building complex biomolecular circuits is due to context-dependence: the dynamics of a system are altered upon changes to its context, potentially degrading the system's performance. Here, we study retroactivity, a specific type of context-dependence, by analyzing the effects of loads on a transcription factor applied by the transcription factor's target sites. In particular, we study this loading effect on the model of an activator-repressor oscillator, a widely studied motif in synthetic and systems biology. Our analysis indicates that strong activation and weak repression are key for a stable limit cycle. Repression can be effectively weakened by adding load to the repressor, while activation can be effectively weakened by adding load to the activator. Therefore, loading the repressor can be employed as a design parameter to establish a stable limit cycle. In contrast, loading the activator is deleterious to the clock

A comprehensive study on regional anatomy of Urdhwa Shaakhaagata Siramarma by cadaver dissection and their applied anatomy

Introduction: Marma is considered as the vital point in the body where Mamsa, Sira, Snayu, Asthi, Sandhi along with Prana resides. Siramarma is one such category based on the predominant Marmavasthu. According to Susruta, they are forty one in number. Among them four are present in Urdhwashaakhaa, i.e, two Urvi and two Lohitaksha (one on each side). Both of these are Vaikalyakaramarma. Injury to Urvi Marma causes Shonithakshaya which leads to Sakthishosha, while, injury to Lohithaksha leads to Lohithakshaya which causes Pakshaghata or Maranam. Methods: Collection of literary review on the Urdhwa Shaakhagata Sira Marma and its Vidhalakshanas from various books, journals, previous work done and its Vidhalakshanas are analyzed. Anatomical structures found in the regions of Urdhwa Shaakhaagata Sira Marmas will be confirmed with the help of cadaver dissectionin six bodies. Results: The regional anatomy of Urvimarma is considered as the middle of arm and Lohitaksha Marma is considered as the distal part of axilla. The Vidha Lakshanas are analyzed with applied aspect of these regions. Interpretation & Conclusion: Urvimarma is located in the middle of arm. The predominant Siravasthu in this region is brachial vessels, basilica vein, cephalic vein and profunda brachial vessels. Lohitaksha Marma is located on the distal part of axilla, the predominant Siravasthu in the region are third part of axillary artery and its braches and axillary vein

Study of pulmonary tuberculosis in diabetes mellitus

Background: To study the clinical profile of pulmonary tuberculosis in diabetic patients and to study the radiographic patterns of pulmonary tuberculosis in diabetic patients.Methods: The study was undertaken on 100 patients with diabetes mellitus and pulmonary tuberculosis of both sexes admitted to Chalmeda Anand Rao Institute of Medical Sciences, Bommakal, Karimnagar.Results: The fasting blood sugar value showed a definite co-relation with pulmonary tuberculosis. 41% of the patients had fasting blood sugar value between 201 to 300mg/dl and 30% had value between 151-200mg/dl and 23% of the patients had value above 300mg/dl. Mean fasting blood sugar value was 234.4mg/dl. Right sided lung lesions were noted in 37% of the cases and left sided lesions in 33% of the cases. Upper lobe lesions were noted in 68% of the cases and bilateral lesion in 30% of the study group.Conclusions: Uncontrolled diabetes mellitus patients are more prone to develop pulmonary tuberculosis compared to non diabetics. Sputum examination tends to be positive in diabetics compared to non diabetics