Publicity exploitation of celebrities: protection of a star's style in Quebec civil law

Les procédés actuels de publicité comportent souvent le recours à des caractéristiques d'expression de vedettes, à leur style. Des publicitaires ont ainsi utilisé des photographies de vedettes sans leur consentement. Dans quelle mesure le droit civil québécois protège-t-il ces célébrités contre l'utilisation, sans leur consentement, de leur image ? L'auteure cherche à répondre à cette question en faisant appel aux droits français, américain, de même qu'à celui des provinces canadiennes de common law. Qualifiant le droit à l'image de propriété intellectuelle, elle examine différentes espèces d'approbation de moyens d'expression de la vedette : sa voix, ses expressions typiques, son apparence.The use of celebrity imagery, or style, in advertising has become prevalent in recent times. Occasionally advertisers have used photographs of celebrities without having first obtained their consent. The author examines the possible legal bases existing in Quebec civil law which may serve to protect the celebrity against such non-consesual use of his or her picture, drawing on the experience of France, common law in Canada and the United States. Concluding that the right to style is an intellectual property right, the author applies this basis to other instances of style appropriation : the use of voice, sound-alikes, look-alikes and typical expressions

Borduas -- Then and Now

In 1948, Paul-Emile Borduas, then a little-known painter on the international scene, living in the Province of Quebec, Canada, together with sixteen friends and students, proclaimed publicly a new era in terms of art and social attitudes by publishing a manifesto that they called Refus global. Unknown to them, similar groups had arisen in other parts of the world, as examples the Abstract Expressionists in the United States and the Cobra Group in Europe. This article explores the "Refus" and its relation to the context from which it emerged, and to which it ultimately contributed

Virtual Property, Real Law: The Regulation of Property in Video Games

This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such property can or should be governed. Virtual property shares many of the characteristics found in tangible property, and it is possible that it could be treated, at least in a legal sense, similar to tangible real-world property. Moreover, virtual property can carry both physical and intellectual property rights. While video game developers generally retain these rights via online agreements, policy reasons may have emerged for lawmakers to consider when deciding how to treat virtual property under these agreements. Property rights in virtual property are currently being recognized by some foreign legal bodies and North American courts and legislatures have also begun to deal with this novel issue. In response, some video game developers are taking new approaches to the rights granted to players in respect of the use of virtual property

LLUSD Articulator - Volume 27, Number 1

Contents: 4 | Dean\u27s message6 | Articulator survey8 | Melvin Lund: LLUSD pioneer12 | Where are they now? Price Family17 | Radiology Clinic dedication20 | Alumni Student Convention #5628 | Celebrating 40 years of implant dentistry33 | Profiles in service learning38 | Science history: X radiation and dental radiology46 | LLUSD researchers swarm AADR & CDA53 | NEWS62 | Clinic regularshttps://scholarsrepository.llu.edu/articulator/1010/thumbnail.jp

Avaliação dos impactos ambientais da operação do sistema Bus Rapid Transit (BRT) no município do Rio de Janeiro, o caso da Transoeste

As grandes cidades do Brasil têm enfrentado cada vez mais problemas gerados pela falta de planejamento da mobilidade urbana e de infraestrutura do sistema de transporte, além da persistência no uso do modo rodoviário. Entre as adversidades mais comuns estão os longos congestionamentos,o stress e a depreciação da qualidade de vida em função da piora na qualidade do ar. Ao ganhar o direito de sediar os Jogos Olímpicos e Paralímpicos de 2016, a cidade do Rio de Janeiro teve a oportunidade de mudar esse paradigma e poder planejar novamente a sua malha viária, levando em consideração aspectos operacionais e ambientais. Sabe-se que, atualmente, as emissões de gases do efeito estufa geradas pelo setor de transportes são as que mais crescem globalmente, devido ao uso intensivo de combustíveis fósseis.O presente estudo introduz o sistema de Transporte Rápido e de Alta Capacidade de Ônibus (Bus Rapid Transit, em inglês),que está se difundindo rapidamente pelos países em desenvolvimento como alternativa financeiramente mais viável para solucionar problemas relacionados a mobilidade urbana. Focada na esfera ambiental, essa monografia apresenta uma metodologia de cálculo das emissões evitadas, no município do Rio de Janeiro por conta da operação da linha do BRT Transoeste, tanto de poluentes atmosféricos locais, como CO e NOx, quanto de poluentes globais, que é o caso do CO2, um gás do efeito estufa.Essa análise permite inferir se além dos ganhos associados a operação, o sistema BRT também é capaz de produzir benefícios ambientais significantes

Diffusion of Tagged Particle in an Exclusion Process

We study the diffusion of tagged hard core interacting particles under the influence of an external force field. Using the Jepsen line we map this many particle problem onto a single particle one. We obtain general equations for the distribution and the mean square displacement of the tagged center particle valid for rather general external force fields and initial conditions. A wide range of physical behaviors emerge which are very different than the classical single file sub-diffusion $ \sim t^{1/2}$ found for uniformly distributed particles in an infinite space and in the absence of force fields. For symmetric initial conditions and potential fields we find $ = {{\cal R} (1 - {\cal R})\over 2 N {\it r} ^2} $ where $2 N$ is the (large) number of particles in the system, ${\cal R}$ is a single particle reflection coefficient obtained from the single particle Green function and initial conditions, and $r$ its derivative. We show that this equation is related to the mathematical theory of order statistics and it can be used to find even when the motion between collision events is not Brownian (e.g. it might be ballistic, or anomalous diffusion). As an example we derive the Percus relation for non Gaussian diffusion

Neurocognitive Predictors of Treatment Response to Randomized Treatment in Adults with Tic Disorders

Tourette\u27s disorder (TS) and chronic tic disorder (CTD) are neurodevelopmental disorders characterized by involuntary vocal and motor tics. Consequently, TS/CTD have been conceptualized as disorders of cognitive and motor inhibitory control. However, most neurocognitive studies have found comparable or superior inhibitory capacity among individuals with TS/CTD relative to healthy controls. These findings have led to the hypothesis that individuals with TS/CTD develop increased inhibitory control due to the constant need to inhibit tics. However, the role of cognitive control in TS/CTD is not yet understood, particularly in adults. To examine the role of inhibitory control in TS/CTD, the present study investigated this association by assessing the relationship between inhibitory control and treatment response in a large sample of adults with TS/CTD. As part of a large randomized trial comparing behavior therapy versus supportive psychotherapy for TS/CTD, a battery of tests, including tests of inhibitory control was administered to 122 adults with TS/CTD at baseline. We assessed the association between neuropsychological test performance and change in symptom severity, as well as compared the performance of treatment responders and non-responders as defined by the Clinical Global Impression Scale. Results indicated that change in symptoms, and treatment response were not associated with neuropsychological performance on tests of inhibitory control, intellectual ability, or motor function, regardless of type of treatment. The finding that significant change in symptom severity of TS/CTD patients is not associated with impairment or change in inhibitory control regardless of treatment type suggests that inhibitory control may not be a clinically relevant facet of these disorders in adults

Myositis ossificans circumscripta of the buccinator muscle: first report of a rare complication of mandibular third molar extraction.

Myositis ossificans is a self-limiting ossifying process that most often develops following mechanical trauma to skeletal musculature. It chiefly affects the skeletal muscles of extremities of young athletically active adult males. Myositis ossificans is rare in children except for children affected by heritable disorder known as progressive myositis ossificans (fibrodysplasia ossificans progressiva). Children with this disorder develop ossification of muscles and associated soft tissue in early childhood without prior history of trauma. Traumatic form of myositis ossificans also known as myositis ossificans circumscripta (MOC) is rarely encountered in the head and neck musculature. We report a case of MOC within the buccinator which developed as a postoperative complication of mandibular third molar surgery. During extraction of a left mandibular third molar in a 16-year old male, a tooth fragment was accidently displaced into the adjacent soft tissue. Retrieval of this tooth fragment caused significant soft tissue trauma. Eighteen months after his third molar surgery, the patient continued to have pain and tenderness anterior to the left mandibular ramus. Radiographic imaging revealed a well-defined ovoid radiopaque mass within the left buccinator muscle. The lesion was surgically removed and the post-surgical course of the patient was uneventful. Histological findings of the mass were characteristic for myositis ossificans