The Arts and Economic Development: A Hot Mess at a Museum in Dallas

At the intersection of economic development and the arts sits a dispute about property rights and moral rights.  The Nasher Sculpture Center in Dallas, Texas, houses a world-renown collection of art in a building that was designed by famed architect Renzo Piano especially for that purpose, in that location.  D Magazine describes the patented roof system as “a barrel-vaulted roof-cum-ceiling made of 3-inch-thick, 1,200 pound glass panels, and, suspended above…

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Idea for In-Class Discussion of Protectable Cultural Expression

I recently returned from our Summer Away program in Santa Fe, New Mexico.  While at the Taos Pueblo, I purchased a pot crafted by an Acoma artist at a small shop.  As I handed the money to the owner, she commented, “This artist has a patent on this design.  No one else can make pots with this design on it.”  Wondering to myself if there is something perceptible about me…

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When the Right Interpretation of the Law is a Scary One (CFAA Edition)

A divided 9th Circuit panel decided U.S. v. Nosal today. The case initially looks like a simple employee trade secret theft case, but the Court’s interpretation of the Computer Fraud and Abuse Act has potentially far reaching ramifications. Here’s the thing – the court (in my view) reached the right ruling with the right statutory interpretation. However, that interpretation could possibly make many people liable under the CFAA that probably…

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The Multiple Choice Exam: Friend or Foe?

[Cross-posted at Prawfsblawg, where I am guest blogging this month] I’m giving my very first multiple choice exam in cyberlaw this semester. I decided to move to a multiple choice exam for a few reasons: 1. Time: I have 85 students (about half 3L) and I just don’t think I can get the exams graded in time for the graduation cutoff. I’ve always believed that I have to read all…

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“GC by George Clooney” Dispute

I recently noticed some publicity about a court case in Italy involving a clothing line using the trademark “GC by George Clooney” which has no affiliation with the popular actor George Clooney.  Looking at this online write up of the dispute (source here), it strikes me that one could construct a neat exam hypothetical in the TM/personality rights area from these facts: “Does George Clooney dress well off and on…

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