Darfurnica: the readers speak. tytoc collie was most surprised at the outcome of his recent poll, on the balance between brand protection and freedom of expression. For the benefit of (i) new readers and (ii) old ones with amnesia, the picture depicted here is contentious because uxury brand owner Louis Vuitton has objected to the use of one of its registered designs on the handbag of the malnourished child (to see the artwork more closely, click here). tytoc collie ran a poll this week in order to ascertain whether his readers believe that the interests of the IP owner in maintaining control of its iconic IP and in resisting the effect of unauthorised uses should take precedence over the artist's right of freedom of expression in seeking to evoke the powerful message of iconic IP when making a political, cultural or social point. The responses -- drawn from 298 voters -- were as follows:
- IP must be protected --pictures like Darfurnica can destroy years of expensive marketing and damage goodwill 6 (2%)
- Each case should be decided on its own facts -- you can't make one rule in advance of all possible situations 143 (47%)
- Freedom of expression must prevail, since it is a fundamental requirement of modern society 149 (50%)
Around the blogs. Run by Dannemann Siemsen Advogados' duo of Attilio Gorini and Rodrigo Borges Carneiro, Entertainment Law Brazil is just celebrating its first birthday. Happy birthday, says tytoc collie, who hopes that IP Tango -- which is not currently linked to this lovely blog and which will be three this June-- will also be invited to the party. Now, moving from parties to patents, there's a bouncy guest article on PatLit this week from a blogospheric debutante, Michelle Umansky, which really opens up the state of US law on "patent marking" for us puzzled Europeans. Another guest this week, though no stranger to the social media, is Emily Goodhand (@copyrightgirl, as she is known on Twitter and author of the Copyright for Education weblog). Hosted by the 1709 Blog, Emily shares some thoughts on life after the Google non-settlement, here.
Advance notice: IPKat team member plans to be at The Old Nick this Tuesday, 12 April, from 5.15pm to 6.30pm. Anyone who likes talking about IP with fellow enthusiasts is welcome. No need to RSVP.
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