September 20, 2012 – 5:29 pm
You are presumably all citizens of the Interwebs, so I’d be very surprised you hadn’t come across the famous botched Ecce Homo painting. The mural was over 100 years old. It had been painted by Elías García Martínez and was donated to Santuario de Misericordia Church in Borja, Zaragoza, Spain. One of the elderly parishioners, [...]
By Legal Eagle
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Also posted in Art, Fark!, Internet, Law
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Tagged account of profits, Catholic Church, Cecilia Jiménez, copyright, Copyright Act, copyright law, derogatory, Ecce Homo, Ecce Mono, Elías García Martínez, internet memes, moral rights, Potato Jesus, reasonable fee
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September 13, 2012 – 6:12 pm
Copyright law has really jumped the shark. The Canadian Royal Mint wants to sue a struggling artist for featuring Canadian pennies on the cover of his latest album called No More Pennies (pictured above). (I can’t resist adding – he may be struggling but he’s not penniless, as the album cover shows. Boom tish! Okay, [...]
By Legal Eagle
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Also posted in Art, Economics, Fark!, Law, Society
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Tagged Canadian Royal Mint, copyright, copyright law, Dave Gunning, Fark!, Intellectual property, jumping the shark, No More Pennies
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I am extremely proud to announce that my book has been published today. Here is the little summary from the publisher’s website: This book defends the view that an award of an account of profits (or ‘disgorgement damages’) for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in [...]
By Legal Eagle
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Also posted in Academia, Books, Economics, England, Equity, Law, Personal, Philosophy, Restitution, Tort
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Tagged account of profit, Accounting for Profit for Breach of Contract, Attorney General v Blake, breach of contract, compensation, contract law, deterrence, Equity, fusion fallacy, heresy, house of lords, Intellectual property, Katy Barnett, law and economics, obligations, performance interest, private law, property law, punishment, tort law, vindication
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I was really sad to read about the recent death of Greg Ham, the flautist from Australian band Men At Work. The cause of death has still not been determined. The worst of it is that right up until his death, Ham appears to have been very distressed about a copyright case, Larrikin Music Publishing [...]
By Legal Eagle
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Also posted in Australia, Law, Media, Music, Popular culture, Society
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Tagged Colin Hay, copyright, copyright law, Down Under, Greg Ham, I come from a Land Down Under, Intellectual property, Kookaburra sits in the Old Gum Tree, Larrikin Music Publishing Pty Ltd v EMI Songs Australia Ltd, Men at Work, music, rent-seeking, spicks and specks
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October 31, 2011 – 12:10 pm
I have just finished reading The Immortal Life of Henrietta Lacks by Rebecca Skloot (2010). It raises all kinds of social, ethical, scientific and legal issues. I thought I’d explore them in this post. I don’t intend to offer any firm conclusions, but I would like to generate discussion about the kinds of conflicts medical [...]
By Legal Eagle
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Also posted in History, Law, Motherhood, Personal liberty, Public Policy, Society, Welfare
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Tagged African American people, body parts, california, cancer, cells, cervical cancer, doctors, HeLa, HeLa cell line, Henrietta Lacks, illness, Intellectual property, medical researchers, Moore v Regents of University of California, patent law, pharmaceutical companies, property, property law, Rebecca Skloot, spleen
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October 20, 2011 – 3:46 pm
The Daily Mail reports that the European Court of Justice has just ruled that it is illegal to patent technological processes and treatment which use of embryonic stem cells because this constitutes ‘commercial exploitation’ which is contrary to morality: Scientists warned the ‘devastating decision’ will stop pioneering treatments for degenerative diseases such as Alzheimer’s and [...]
By Legal Eagle
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Also posted in Law, Public Policy, Society, Technology
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Tagged biotechnology, commercial exploitation, CSIRO, embryonic stem cells, European Court of Justice, Greenpeace, Law, morality, patent law, Russell Blackford, stem cells, The Limits of Law
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For people who haven’t experienced online virtual worlds, no doubt they sound like a pretty weird thing. Although if you’re reading this post, you’re probably more than usually open to the idea of online communities in the first place – what is a blog but an online discussion point? Nonetheless, I don’t think I could [...]
By Legal Eagle
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Also posted in Animals, Economics, Internet, Law, science fiction
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Tagged Amaretto, Intellectual property, Law, online virtual worlds, Ozanimals, property, Second Life, tamagotchi, tamagotchi effect, virtual horses, virtual property, World of Warcraft
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[Cross posted at Fortnightly Review. Please visit to read Vicki Huang's piece on copyright, competition and trademarks highlights from the Fordham IP conference in New York City at the end of April and Rebecca Mouy's report of a seminar on Human Rights and Intellectual Property by Graeme Austin and Larry Helfer.] The law is generally [...]
November 18, 2010 – 9:44 pm
…The market will supply. In Legal Eagle’s thread on alternative forms of assessment, Patrick dropped a link in the comments thread that exposed the extent of a problem I’ve long known about but couldn’t pin down with any precision. That problem concerns students — at all levels, including doctoral candidates — submitting customised material produced [...]
