Q&A – Is a Manipulated Photo of a Sculpture Fair Use?

Q. Artist Jim Hodges has an installation on top of The Contemporary, Jones Center, art museum in Austin, TX, entitled “With Liberty And Justice For All.” Could I take a picture of the artwork, manipulate it with software, render it in a different physical environment and use it for commercial purposes? Would my new work be protected by copyright? A. As explained by my November 17, 2009, blog, courts have disagreed as to whether photographs of copyrighted works are derivative works.  This also was the issue when sculptor, Jack Mackie, sued photographer, Mike Hipple, because Hipple “used the image of [a part of the sculpture] in a piece of graphic art . . . [and] obliterated Mackie’s copyright notice, but used other parts of the rest of the [sculpture].”  Hipple had offered the image for licensing through stock agencies. Just before trial,  Hipple and Mackie settled their claims. The U.S. Court of Federal Claims….. To continue reading this legal news please click Read full information...

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SEC Charges Bhushan Dandawate Amidst Quadrant 4 System Corp Fraud Allegations

Publicly available records published by the Securities and Exchange Commission (SEC) on July 19, 2018 indicate that the SEC has charged Bhushan Dandawate with aiding and abetting a fraud committed by three entities—Quadrant 4 System Corporation, Nandu Thondavadi, and Dhru Desai—by “falsely claiming in bank documents that he controlled ten entities that were, in reality, controlled by QFOR, Thondavadi, and Desai, and by allowing QFOR to use those bank accounts for various fraudulent purposes.” The SEC’s complaint alleges additionally that Mr. Dandawate “participated in the falsification of” Quadrant 4 System’s revenue when he assisted in the arrangement of multiple round-trip transactions and “knowingly” signed and sent false audit confirmation letters to the company’s auditors—conduct that led to the “material falsification” of the company’s financial conditions reported in public filings….. To continue reading this legal news please click Read full information...

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Some Newer Diabetes Drugs Linked To Lower Limb Amputations: "Significantly Increased Risk"

New Study Suggests Possible Drug Class Side Effects Of SGLT-2 Inhibitors Such As Invokana, Jardiance, And Farxiga   (Posted by Tom Lamb at DrugInjuryWatch.com)   Sodium-glucose cotransporter 2 inhibitors (SGLT-2 inhibitors) are relatively new medicines used to treat Type-2 diabetes. Included in this drug class are Invokana, Farxiga, and Jardiance, as well as Invokamet, Xigduo, Glyxambi, Synjardy, Qtern, Steglatro, Steglujan, and Segluromet. A new medical study found that SGLT-2 inhibitors have a higher risk of leg, feet, and toe amputations when compared to older diabetes drugs such as sulfonylureas, metformin, and thiazolidinediones. In more detail, this article "Association Between Sodium-Glucose Cotransporter 2 Inhibitors and Lower Extremity Amputation Among Patients With Type 2 Diabetes", by Hsien-Yen Chang, PhD, et al., was published online August 13, 2018 by the medical journal JAMA Internal Medicine. Among the results found by medical researchers….. To continue reading this legal news please click Read full information...

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The Devil in the Details: When Settlements with Co-Defendants Become “Other Insurance”

As the old adage goes, “the devil is in the details.” Insurance policy terms do not always apply in ways that policyholders expect. For this reason, it is imperative to understand how coverages, definitions and exclusions work together to avoid surprise gaps in coverage. The Fifth Circuit found a coverage gap in a recent case holding that settlement contributions from co-defendants met an excess policy’s broad definition of “Other Insurance,” preventing the policyholder from securing coverage for a significant part of its losses. Continue reading →.. To continue reading this legal news please click Read full information...

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Grand Jury Report Into Sexual Abuse In 6 Pa. Dioceses Released « CBS Pittsburgh

“Today, the most comprehensive report on child sexual abuse within the church ever produced in our country was released,” Attorney General Josh Shapiro said. “Pennsylvanians can finally learn the extent of sexual abuse in these dioceses. For the first time, we can all begin to understand the systematic cover up by church leaders that followed. The abuse scarred every diocese. The cover up was sophisticated. The church protected the institution at all costs.” via pittsburgh.cbslocal.com.. To continue reading this legal news please click Read full information...

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