The best things we found this week.
I taught Art Law at Queens University in Fall 2020. It was a wonderful experience, and I truly enjoyed the challenges presented by virtual teaching. But I had one small, engaged cohort, I’m a trained actress and laid-back teacher, and I’m an intellectual property law expert.
In-person and recorded instruction are different. Recorded instruction feels different. It takes different skills. It’s received differently. And it’s treated differently under copyright law!
This is a great summation for non-experts. It prompts the reader with questions to consider and questions to ask when navigating this new challenge.
“We live in a world where death is everywhere…”
The death positive movement facilitates conversations about our own deaths and the deaths of others; enables platforms for such conversations; aims to demystify death, dying, rituals, and corpses; and seeks to help us use the inevitability of death to be more present and attentive in our lives.
Yet, not everyone is a death enthusiast. One would think a mental health provider would be the ideal interlocutor for death-positive exploration, but this isn’t always the case. How do you bring up death in therapy and cultivate a positive approach? How does one start a positive conversation about death with a therapist – one that won’t prompt one’s counselor to hit that panic button? (If you know, you know.)
Caroline Reilly is a fellow death-positive lawyer and therapy enthusiast. Here, she tells her own relatable story and succinctly explains the death-positive movement.
Supreme Court Will Take on the Copyright Case Between Fabric Maker Unicolors and Fast Fashion Giant H&M
The Supreme Court doesn’t hear copyright cases, especially fashion cases. The last SCOTUS fashion case was a big hit with my students – they found the doctrine of conceptual separability irresistible. Here’s the main issue is whether the “knowing” inclusion of inaccurate information in a copyright registration application is enough to warrant invalidation of that registration. This is a David v. Goliath situation, testing another arcane principle, and yet it’s deeply relevant to every client.
I spend a lot of time explaining what a license is (and isn’t.) Lawyer Kelly Trager clearly answers key questions such as “How much control do I still have over my design?”, provides points to consider when negotiating a licensing agreement, and suggests licensing opportunities you may not have considered.
That said…I do not recommend downloading agreement templates off the internet. Especially licensing agreements.
The most contentious disputes I resolve always start with downloaded agreements. In every instance, the parties didn’t really comprehend what they created or signed, they didn’t come to a mutual understanding before starting work, and their lack of connection led to a painful breakdown. You know I love a good template, but licensing agreements often require unique-to-you guidance.
Anne-Helen Petersen writes something that moves my soul every week. This week was especially timely. My wonderful new assistant, Morasha, started work on Tuesday. She just graduated from college, and I am determined to make her post-graduate work experience entirely different from mine (and, likely, yours).
Last week, someone asked how I plan to “leverage” Morasha’s time. I stared blankly and said, “Could you repeat the question?” Harvard Business Review is my favorite magazine, but this is a feminist, progressive, law firm. We don’t take advice from Tim Ferriss. We take advice from Silvia Federici, Brené Brown, and Jenn Armbrust.