Law & Humanities Blog |
| Russian Law and Literature From Alexander II To Nicholas II Posted: 15 Apr 2011 08:15 AM PDT José Calvo González, Professor of Law, University of Malaga, has published Derecho y Literatura: Anatoliĭ Fedorovich Koni (1844-1927). Sobre Cultura jurídica de la literatura y Cultura literaria del Derecho en la Rusia imperial de Alejandro II a Nicolás II. Here is the abstract. The essay deals with the figure of the eminent jurist Russian Anatoliĭ Fedorovich Koni, representative of the current legal liberal-moderate of pre-revolutionary Russia. Recover your interest in the work of the great master of modern Russian literature, Pushkin, who joins the program to modernize the judicial reforms initiated in 1864. Also lists personal relationships with contemporary writers, including those listed Chekhov, Dostoiesvki and Tolstoy. On this basis analized the overlapping law and literature in two directions, from the legal considerations of literary texts as well as potential of legal categories in literary creation. Finally, insert the two constructions in the atmosphere of a literary and legal culture from which prefigures the literary modernist and (ephemeral and failed) legal modernist.Download the article from the online journal Law and Literature: ISLL (Italian Society for Law and Literature) Papers at the link. |
(Text is in Spanish).
Posted: 15 Apr 2011 07:59 AM PDT
Two articles on IP rights and Lucy Maud Montgomery's Anne of Green Gables have crossed my desk recently. First is
Andrea Slane, University of Ontario Institute of Technology, Legal Studies, Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada, forthcoming in the McGill Law Journal. Here is the abstract.
Download the article from SSRN at the link.
The second is
Cecily Devereux, University of Alberta Department of English and Film Studies, "Not a 'Usual' Property": A Hundred Years of Protecting Anne of Green Gables, 7 Law, Culture, and the Humanities 121 (February 2011).
Why might redhaired, freckle-faced Anne still be controversial, especially after a hundred years? Because the Montgomery heirs and the Prince Edward Island Provincial government jointly own the rights to the trademark (they administer it through the Anne of Green Gables Licensing Authority), and they guard those rights. Creators of a website established in 2008, Anne's Diary, began using images of Anne without permission. The creators billed it as "the most secure website for children in the world," and it certainly boasted many security features, including a fingerprint reader and registration papers. The problem was that it used the Anne of Green Gables trademark and image (friendliness, security, safety, home) without a license, although the creators apparently tried to get permission. The PEI government and its attorneys began to investigate, according to the Canadian Trademark Blog. I clicked on a number of the links at Anne's Diary, none of which seem to work now, and the girl's image now on the home page, while redhaired and straw-hatted, does not really resemble Anne Shirley.
Andrea Slane, University of Ontario Institute of Technology, Legal Studies, Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada, forthcoming in the McGill Law Journal. Here is the abstract.
The article examines problems for the public domain raised by the ongoing intellectual property protection afforded to the classic Canadian children's novel Anne of Green Gables. The author suggests that three conceptual difficulties in distinguishing between different intellectual property regimes have allowed the owners of rights in the novel wider and longer protection than they should enjoy: 1) confusion between concepts of source in copyright and source in trade-mark; 2) confusion between an author's moral rights and personal reputation in copyright and goodwill in trade-mark; and 3) willingness to grant public benefit to public authorities seeking official marks protection without consideration of the public interest in limited copyright terms.
Download the article from SSRN at the link.
The second is
Cecily Devereux, University of Alberta Department of English and Film Studies, "Not a 'Usual' Property": A Hundred Years of Protecting Anne of Green Gables, 7 Law, Culture, and the Humanities 121 (February 2011).
Why might redhaired, freckle-faced Anne still be controversial, especially after a hundred years? Because the Montgomery heirs and the Prince Edward Island Provincial government jointly own the rights to the trademark (they administer it through the Anne of Green Gables Licensing Authority), and they guard those rights. Creators of a website established in 2008, Anne's Diary, began using images of Anne without permission. The creators billed it as "the most secure website for children in the world," and it certainly boasted many security features, including a fingerprint reader and registration papers. The problem was that it used the Anne of Green Gables trademark and image (friendliness, security, safety, home) without a license, although the creators apparently tried to get permission. The PEI government and its attorneys began to investigate, according to the Canadian Trademark Blog. I clicked on a number of the links at Anne's Diary, none of which seem to work now, and the girl's image now on the home page, while redhaired and straw-hatted, does not really resemble Anne Shirley.
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