Podcast appearances and mentions of Jane C Ginsburg

歡迎留言告訴我們你對這一集的想法： https://open.firstory.me/user/cl81kivnk00dn01wffhwxdg2s/comments 每日英語跟讀 Ep.K511: Early Disney Creation Will Soon Be Public Property For the first time, one of The Walt Disney Co.'s marquee characters — Mickey himself — is set to enter the public domain. “Steamboat Willie,” the 1928 short film that introduced Mickey to the world, will lose copyright protection in the United States and a few other countries at the end of this year, prompting fans, copyright experts and potential Mickey grabbers to wonder: How is the notoriously litigious Disney going to respond? 迪士尼公司招牌卡通人物之一米老鼠米奇，將首度納入「公眾領域」。1928年上映、將米奇介紹給世人的短篇電影「汽船威利號」，將於今年底在美國和其他一些國家失去版權保護，這使粉絲們、著作權專家與有意掠奪米奇的人納悶，出名愛打官司的迪士尼如何反應？ The matter is more complicated than it appears, and those who try to capitalize on the expiring “Steamboat Willie” copyright could easily end up in a legal mousetrap. 此事遠比表面複雜。那些試圖藉由汽船威利號版權到期牟利者，恐輕易落入一個法律的捕鼠器。 Only one copyright is expiring. It covers the original version of Mickey Mouse as seen in “Steamboat Willie,” an eight-minute short with little plot. This nonspeaking Mickey has a ratlike nose, rudimentary eyes (no pupils) and a long tail. 僅一個版權將到期，涉及片長不到8分鐘、幾乎沒有劇情的汽船威利號中原始版米老鼠。片中未開金口的米奇有個像老鼠的鼻子、發育不全的雙眼（沒有瞳孔）及一條長尾巴。 Later versions of the character remain protected by copyrights, including the sweeter, rounder Mickey with red shorts and white gloves most familiar to audiences today. They will enter the public domain at different points over the coming decades. 米奇這個人物此後的版本依然受版權保護，包括現在最為觀眾熟知，穿紅色短褲、戴一雙白色手套、更討人喜歡與更圓潤的米奇。在今後幾十年間，這些版本會在不同時候納入公眾領域。 “Disney has regularly modernized the character, not necessarily as a program of copyright management, at least initially, but to keep up with the times,” said Jane C. Ginsburg, an authority on intellectual property law who teaches at Columbia University. 在美國哥倫比亞大學執教的智慧財產權法權威金斯柏格表示，「迪士尼已定期優化米奇這個角色，未必是出於它的著作權管理方案，至少一開始是如此，而是旨在與時俱進」。 The expiration of the “Steamboat Willie” copyright means that the black-and-white short can be shown without Disney's permission and even resold by third parties. (There may not be much sales value left, however. Disney posted it for free on YouTube years ago.) It also means that anyone can make use of the film and the original Mickey to further expression — to create new stories and artwork. 汽船威利號版權到期，意味這部黑白短片可在不經迪士尼同意下播映，甚至由第三方轉售。（然而，可能沒剩多少銷售價值，迪士尼幾年前就免費貼在影音分享平台YouTube上。）這也代表，任何人都能運用這部影片及原始版米奇去延伸表達，創作新的故事和作品。 Of course, it does get tricky: Disney also holds trademarks on its characters, including the “Steamboat Willie” version of Mickey Mouse, and trademarks never expire as long as companies keep submitting the proper paperwork. A copyright covers a specific creation (unauthorized copying), but trademarks are designed to protect against consumer confusion — to provide consumers assurance about the source and quality of a creation. 當然，此事的確變得微妙：迪士尼亦握有旗下各人物的商標，包含汽船威利號版的米老鼠。只要該公司持續提交適當文件，這些商標就永遠不會到期。一個版權涉及一個獨特的創作（未經授權的複製），但商標旨在保護消費者避免混淆誤認，提供消費者有關一項創作的來源與品質保證。 Boiled down, any public domain use of the original Mickey cannot be perceived as coming from Disney, Ginsburg explained. This protection is strong, she added, because the character, even in his early form, has such close association with the company. 金斯柏格解釋，簡言之，任何對公眾領域內原始版米奇的使用，不能被視為來自迪士尼。她補充說，由於米奇這個人物，甚至在他早期，都跟該公司有著如此密切的結合，因此對米奇的智財權提供強力保護。 Source article: https://udn.com/news/story/6904/6909811 Powered by Firstory Hosting

QUESTION PRESENTED:Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Court of Appeals for the 2nd Circuit has held).Date                  Proceedings and Orders (key to color coding)Dec 09 2021 | Petition for a writ of certiorari filed. (Response due January 12, 2022)Dec 29 2021 | Motion to extend the time to file a response from January 12, 2022 to February 11, 2022, submitted to The Clerk.Dec 30 2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2022.Jan 10 2022 | Brief amici curiae of Copyright Law Professors filed.Jan 10 2022 | Brief amici curiae of Barbara Kruger and Robert Storr filed.Jan 12 2022 | Brief amici curiae of Art Law Professors filed.Jan 12 2022 | Brief amici curiae of The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum filed.Feb 04 2022 | Brief of respondents Lynn Goldsmith, et al. in opposition filed.Feb 23 2022 | DISTRIBUTED for Conference of 3/18/2022.Feb 23 2022 | Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)Mar 21 2022 | DISTRIBUTED for Conference of 3/25/2022.Mar 28 2022 | Petition GRANTED.Apr 18 2022 | Motion for an extension of time to file the briefs on the merits filed.May 02 2022 | Blanket Consent filed by Respondent, Lynn Goldsmith, et al.May 02 2022 | Blanket Consent filed by Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.May 04 2022 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.Jun 10 2022 | Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.Jun 10 2022 | Joint appendix (Volumes I and II) filed. (Statement of cost filed)Jun 14 2022 | ARGUMENT SET FOR Wednesday, October, 12, 2022.Jun 15 2022 | Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.Jun 16 2022 | Brief amicus curiae of Art Law Professors filed.Jun 17 2022 | Brief amici curiae of Electronic Frontier Foundation, et al. filed.Jun 17 2022 | Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.Jun 17 2022 | Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.Jun 17 2022 | Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.Jun 17 2022 | Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.Jun 17 2022 | Brief amicus curiae of Authors Alliance filed.Jun 17 2022 | Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.Jun 17 2022 | Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.Jun 17 2022 | Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.Jun 17 2022 | Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.Jun 17 2022 | Brief amici curiae of Artists, et al. filed.Jun 17 2022 | Brief amicus curiae of Copyright Alliance in support of neither party filed.Jun 17 2022 | Brief amici curiae of Copyright Law Professors filed.Jun 17 2022 | Brief amici curiae of Documentary Filmmakers filed.Jun 17 2022 | Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.Jun 22 2022 | Record requested from the 2nd Circuit.Jun 27 2022 | The record from the U.S.C.A. 2nd Circuit has been electronically filed.Jul 21 2022 | CIRCULATEDAug 08 2022 | Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)Aug 11 2022 | Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)Aug 12 2022 | Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)Aug 12 2022 | Brief amicus curiae of Philippa S. Loengard filed. (Distributed)Aug 15 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.Aug 15 2022 | Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)Aug 15 2022 | Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)Aug 15 2022 | Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)Aug 15 2022 | Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Association of American Publishers filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Professor Terry Kogan filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Committee for Justice filed. (Distributed)Aug 15 2022 | Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)Aug 15 2022 | Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)Aug 15 2022 | Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)Aug 15 2022 | Brief amicus curiae of United States filed. (Distributed)Sep 07 2022 | Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)Sep 28 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.Oct 12 2022 | Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Jane C. Ginsburg habló en La W sobre el Premio Mundial a la Paz y la Libertad de la Asociación Mundial de Juristas que recibirá a nombre de su madre.

On September 18, 2020, Ruth Bader Ginsburg passed away at age 87 after serving as an Associate Justice of the United States Supreme Court for over 27 years. The U.S. Supreme Court’s second female judge, Justice Ginsburg—or the Notorious RBG, as she was fondly called—left her mark as a women’s rights activist and a legal icon, including a robust footprint in the intellectual property (IP) field. This two-part series, airing on March 30 and April 13, presents three distinguished guests who offer a rare “behind the scenes” look at Justice Ginsburg. In a wide-ranging and candid discussion, they shed light on the many ways Justice Ginsburg shaped U.S. IP law through her opinions and share anecdotes about the Justice’s life. Our guests are themselves IP trailblazers.  Professor Jane Ginsburg is a renowned authority on IP law, a staunch defender of authors’ rights, and Justice Ginsburg’s daughter. She is Professor of Literary and Artistic Property Law at Columbia Law School and directs Columbia’s Kernochan Center for Law, Media and the Arts.Our second guest, Professor Mary Hartnett has been at Georgetown University Law Center since 1998, first as executive director of the Woman's Law and Public Policy Fellowship Program and now as an adjunct professor of law. In 2016, Justice Ginsburg wrote the bestselling book “My Own Words” with Professor Harnett and Professor Wendy Williams.Our third guest is Judge Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit, where she has authored essential IP decisions since her confirmation in 1998.  She has lectured throughout the world on IP, anti-trust, constitutional law, ethics, international law, human rights law, and litigation. Brand & New is a production of the International Trademark AssociationHosted by Audrey Dauvet - Contribution of Mathilde Halle & Sophie Lagedamond - Music by JD BeatsFOR MORE INFORMATION, VISIT INTA.ORGTo go further:About Prof. Jane C. Ginsburg: https://www.law.columbia.edu/faculty/jane-c-ginsburgAbout Prof. Mary Hartnett: https://www.law.georgetown.edu/faculty/mary-hartnett/About Judge Margaret McKeown: https://worldjusticeproject.org/about-us/who-we-are/board-directors/m-margaret_mckeownAlso of interest: “My  Own Words”, by Justice Ruth Bader Ginsburg, with Mary Hartnett and Wendy Williams (link to https://www.simonandschuster.com/books/My-Own-Words/Ruth-Bader-Ginsburg/9781501145254)“Ruth – Justice Ginsburg in Her Own Words” (link to https://kinomarquee.com/film/venue/5ff8adfe6b952e00019ca8d0)  Columbia Law School:The Ginsburgs Are Inducted into IP Hall of Fame (link to https://www.law.columbia.edu/news/archive/ginsburgs-are-inducted-ip-hall-fame)INTA’s The Women’s LeadershIP Initiative Report (link to: https://www.inta.org/wp-content/uploads/public-files/perspectives/industry-research/WOMENS_LEADERSHIP_REPORT_022221.pdf)INTA TO-GO webcast: Booking.com—A Closer Look (link t

On September 18, 2020, Ruth Bader Ginsburg passed away at age 87 after serving as an Associate Justice of the United States Supreme Court for over 27 years. The U.S. Supreme Court’s second female judge, Justice Ginsburg—or the Notorious RBG, as she was fondly called—left her mark as a women’s rights activist and a legal icon, including a robust footprint in the intellectual property (IP) field. This two-part series, airing on March 30 and April 13, presents three distinguished guests who offer a rare “behind the scenes” look at Justice Ginsburg. In a wide-ranging and candid discussion, they shed light on the many ways Justice Ginsburg shaped U.S. IP law through her opinions and share anecdotes about the Justice’s life. Our guests are themselves IP trailblazers.  Professor Jane Ginsburg is a renowned authority on IP law, a staunch defender of authors’ rights, and Justice Ginsburg’s daughter. She is Professor of Literary and Artistic Property Law at Columbia Law School and directs Columbia’s Kernochan Center for Law, Media and the Arts.Our second guest, Professor Mary Hartnett has been at Georgetown University Law Center since 1998, first as executive director of the Woman's Law and Public Policy Fellowship Program and now as an adjunct professor of law. In 2016, Justice Ginsburg wrote the bestselling book “My Own Words” with Professor Harnett and Professor Wendy Williams.Our third guest is Judge Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit, where she has authored essential IP decisions since her confirmation in 1998.  She has lectured throughout the world on IP, anti-trust, constitutional law, ethics, international law, human rights law, and litigation. Brand & New is a production of the International Trademark AssociationHosted by Audrey Dauvet - Contribution of Mathilde Halle & Sophie Lagedamond - Music by JD BeatsFOR MORE INFORMATION, VISIT INTA.ORGTo go further:About Prof. Jane C. Ginsburg: https://www.law.columbia.edu/faculty/jane-c-ginsburgAbout Prof. Mary Hartnett: https://www.law.georgetown.edu/faculty/mary-hartnett/About Judge Margaret McKeown: https://worldjusticeproject.org/about-us/who-we-are/board-directors/m-margaret_mckeownAlso of interest: “My  Own Words”, by Justice Ruth Bader Ginsburg, with Mary Hartnett and Wendy Williams (link to https://www.simonandschuster.com/books/My-Own-Words/Ruth-Bader-Ginsburg/9781501145254)“Ruth – Justice Ginsburg in Her Own Words” (link to https://kinomarquee.com/film/venue/5ff8adfe6b952e00019ca8d0)  Columbia Law School:The Ginsburgs Are Inducted into IP Hall of Fame (link to https://www.law.columbia.edu/news/archive/ginsburgs-are-inducted-ip-hall-fame)INTA’s The Women’s LeadershIP Initiative Report (link to: https://www.inta.org/wp-content/uploads/public-files/perspectives/industry-research/WOMENS_LEADERSHIP_REPORT_022221.pdf)INTA TO-GO webcast: Booking.com—A Closer Look (link&n

Historically, the digital world emerged as a threat for the luxury retail industry – mostly by giving customers access to counterfeits. Also, the way business is often done online seemed to contradict the mere identity of luxury brands and the exclusive shopping experience they intend to offer. In other words, the digital world was perceived as a minefield for luxury, and many brands have been hesitant and sometimes late to move online and develop dedicated and sophisticated marketing strategies. But with print and display advertising returns decreasing, and luxury shoppers spending more time online and on mobile devices, luxury brands are finding that they need to not only adapt to survive in the digital universe, but also to thrive. This has become even more critical since last year, with worldwide lockdowns and remote working, in the midst of the COVID-19 pandemic.  We invited two eminent guests to talk about this topic.  First, Irene Calboli, who is Professor of Law at Texas A&M University School of Law, Transatlantic Technology Law Fellow at Stanford University, and Senior Fellow at Melbourne Law School. Specializing in intellectual property, international trade, art and cultural heritage law, she has held positions in universities across Asia, Europe, and the Americas. Her most recent books include the “Cambridge Handbook of International and Comparative Trademark Law” (2020, with Jane C. Ginsburg) and the “Protection of Non-Traditional Trademark: Critical Perspectives” (2018, with Martin Senftleben). Last year, she co-directed the Digital Luxury Law Series hosted by the Digital Law Center of the University of Geneva with Jacques de Werra.  Julie Zerbo is the founder and editor-in-chief of The Fashion Law, a modern media site that has been providing unique insights and unparalleled access to the legal and business aspects of the rapidly evolving fashion industry for the past nine years. Based in New York, she has a formal legal education and an extensive background in law and economics, and has developed a deep dynamic understanding of the ever-evolving fashion business and consumer culture more generally. As one of the paramount voices in legal journalism within the fashion industry, she is regularly cited by The New York Times, The Wall Street Journal, Washington Post, New Yorker, The Economist, and Vogue. Ms. Zerbo is also involved in the Digital Law Series, mixing different approaches, among academia, business, and practice. Brand & New is a production of the International Trademark AssociationHosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD BeatsFOR MORE INFORMATION, VISIT INTA.ORGTo go further:About Julie Zerbo (link to https://www.linkedin.com/in/thefashionlaw/) About Irene Calboli (https://www.linkedin.com/in/irene-calboli-5456813/?originalSubdomain=sg)Also of interest: -  Details about Luxury Digital Law Series (link to https://www.digitallawcenter.ch/en/node/463)- The Fashion Law (link to https://www.thefashionlaw.com)- The Role of IP Rights in the Fashion Business: a US Perspective (link to https://www.wipo.int/wipo_magazine/en/2018/04/article_0006.html)- INTA’s 2021 What’s Next for Brands: A View from Europe Conference, March 23-24, 2021 (virtual)   (link to: https://www.inta.org/events/2021-whats-next-for-brands-a-view-from-europe/)- The Trademark Reporter: Co-branding with Influencers Is in Fashion and No Longer a Trademark Faux Pas (lin

Professor Jane C. Ginsburg of the Columbia University School of Law discusses two utopian goals: universal access to knowledge, and universal authors’ rights. She also addresses the clash of utopias epitomised by the Google book-scanning programme and the legal responses it has inspired, including the recent decision by the SDNY upholding Google’s fair use defence. 23 October 2014