Paris Embraces Modern Art – But Not in Court: Opinion on the Cour d’Appel de Paris Decision – Jeff Koons v Franck Davidovici

2021 ◽  
Author(s):  
Moritz Sutterer
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Applicable Law ◽  
Traditional Notion ◽  
The Us ◽  
Exceptions And Limitations ◽  
The Subject ◽  
First Time ◽  
Jeff Koons ◽  
Court Of Appeal

Abstract In February 2021 the Paris Court of Appeal (Cour d’appel de Paris) rendered a decision against the US artist Jeff Koons, holding that he had infringed copyright relating to an advertisement photography that was more than 30 years old. Jeff Koons is famous for his Neo-pop Appropriation art – kitsch for some, a provocative breach with the traditional notion of art for others. It was not the first time Koons has had to defend his work in court. The French decision is particularly interesting, however, as it shows a very narrow understanding of the copyright exceptions. It is an illustrative example of the issues resulting from CJEU’s approach in Pelham, Spiegel Online and Funke Medien, where the Court held that once the recognisability of original elements has been established, the only way out of the infringement leads through the formal exceptions and limitations of the InfoSoc Directive. Based on the decision, I will reflect on the openness of copyright for art-specific forms of referencing and in particular analyse the subject matter and scope of the parody exception and contrast it with less formal approaches to consider new creative elements. I will also analyse the question of applicable law in internet cases.

Capacity to Stand Trial: Pitfalls of Legal Interpretation

1994 ◽  
Vol 39 (2) ◽  
pp. 113-115 ◽  
Author(s):  
David M., Greenberg
Keyword(s):  
Functional Capacity ◽  
Subject Matter ◽  
Criminal Code ◽  
Best Interests ◽  
Psychotic Symptoms ◽  
Legal Interpretation ◽  
Fitness To Stand Trial ◽  
The Subject ◽  
Court Of Appeal

Legally, the concept of fitness to stand trial is fixed and absolute. Psychiatrists view fitness as a homeostatic functional capacity. The Ontario Court of Appeal recently set a precedent (Queen versus Taylor) for a standard of fitness to stand trial by interpreting the criteria for unfitness as defined in terms of Section 2 of the Criminal Code. They held that only a factual understanding of these criteria is required by the courts. A person suffering from acute psychotic symptoms with delusions which relate to the subject matter of the trial, who act contrary to their best interests and who are disruptive in their behaviour to the orderly flow of the trial may still fulfill the criteria for fitness to stand trial. The writer illustrates some important implications of this decision and suggests recommendations to current legal interpretations of a clinical capacity.

scholarly journals SCALIA, HAMDAN AND THE PRINCIPLES OF SUBJECT MATTER RECUSAL

2012 ◽  
Vol 19 (1) ◽  
pp. 149-170
Author(s):  
Brian Flanagan
Keyword(s):  
Subject Matter ◽  
Natural Justice ◽  
Open Mind ◽  
The Us ◽  
Normative Basis ◽  
The Subject ◽  
Relationship Of ◽  
Constitutional Adjudication ◽  
The Relationship ◽  
Practical Level

The point of judicial recusal is at once obvious and elusive.  The idea of a partial judge immediately grates on our sense of fairness.  Almost invariably, the normative basis of judicial impartiality is traced to what is described as ‘natural justice’;1 specifically the celebrated maxims of nemo iudex in causa sua2 and audi alteram partem.3  But the relationship of this moral bedrock to the exigencies and settled practices of constitutional adjudication is far from straightforward.  This article will focus on the implications of the latter principle – perhaps best translated as a standard of judicial open-mindedness regarding the subject matter of a dispute.  Despite its moral immediacy, there are serious theoretical objections, best described as ‘realist,’ to an expansive conception of judicial open-mindedness.  Likewise, at a practical level, the institution of the dissenting opinion can be seen as diluting the duty to keep an open mind, at least in jurisdictions such as the US where judges are expected to exhibit relatively little deference towards previous decisions in which they were outvoted.

scholarly journals Młode pokolenie wobec pracy, konsumpcji oraz sukcesu

2019 ◽  
Vol 9 ◽  
pp. 15-31
Author(s):  
Joanna Wardzała
Keyword(s):  
Qualitative Research ◽  
Social Context ◽  
Subject Matter ◽  
Consumer Society ◽  
Young Generation ◽  
Consumer Behaviors ◽  
Applicable Law ◽  
The Past ◽  
The Social ◽  
The Subject

The young generation in terms of work, consumption and success  The subject matter of the young generation in the social context has been repeatedly examined and many studies have been prepared on this topic, for example the works of K. Wyka and earlier K. Manheim. Increasingly, the issue of the younger generation is discussed in the area of issues related to consumption and work. The article is of a theoretical and empirical nature; it is an attempt to portray the young generation in its two most important roles on the market — the consumer and the entrepreneur. It is an introductory element to the problems of consumer behaviors and entrepreneurial behaviors of the young generation. The publication draws attention to the expectations of the young generation about the applicable law and the economy. The first part of the article is characterized by sociological considerations and serves to determine the meaning of the young generation in consumer society, in particular, to outline the framework of youth, which in literature is sometimes defined not only by age categories. It is also an interdisciplinary review of theories, both those created in the past and those quite contemporary. In the second part, it refers to the results of qualitative research relating to the opinions and expectations of the young generation about consumption, work and success.  

Cheong, Soo Pieng (1917–1983)

2018 ◽  
Author(s):  
Kelvin Chuah
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Southeast Asian ◽  
Chinese Art ◽  
Western Art ◽  
The Subject ◽  
The 1950S ◽  
Female Bodies ◽  
Tropical Landscape ◽  
Art Techniques

Cheong Soo Pieng was a Chinese-born artist who became well known for his contributions to Singapore’s modern art. In Nanyang, Cheong’s Chinese art training was integrated with the lush tropical landscape and the arresting allure of local communal practices. Cheong was part of a group of artists who visited Bali, Indonesia, in 1952 in search of the Nanyang Style, which involved Southeast Asian themes visualized with Western art techniques. The resulting imagery in the works created by the artists was exhibited back in Singapore the following year in the hugely lauded exhibition Four Artists to Bali. This provided the stimulus for these artists to develop further this particular genre of art. For Cheong, his artistic excursions were not confined to Singapore. He also traveled to Sarawak, Borneo, in 1959 and resided in Europe from 1961 to 1963, where he held solo and group shows, and where he also dabbled with abstraction in his works. Cheong is recognized for his development of distinctive figural types known as "elongated figures": female bodies with elongated limbs. The figural types he developed in the 1950s were reassessed and reworked in the 1970s. These later works reflect a matured handling and refinement, reinforcing his personal stylization of the subject matter.

Ten Years of the Botswana Matrimonial Causes Act—Further Proposals for Divorce Reform

1982 ◽  
Vol 26 (2) ◽  
pp. 163-176
Author(s):  
A. J. G. M. Sanders
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Frame Of Reference ◽  
Customary Law ◽  
National Assembly ◽  
High Court ◽  
The Subject ◽  
Court Of Appeal

The Matrimonial Causes Act, 1 of 1973 (Cap. 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October, 1972. It was assented to by the then President of Botswana, the late Sir Seretse Khama, on 2 February, 1973, and entered into force a week later on 9 February, 1973. The Act applies to civil marriages only, i.e. marriages concluded in terms of the Marriage Act (Cap. 29:01); customary law marriages have been excluded from its operation. As its short title indicates, the Act deals with matrimonial causes, that is to say divorce, judicial separation and the annulment of marriages and matters incidental thereto such as the property rights of spouses, custody, guardianship, maintenance and the jurisdiction of the courts.During its first 10 years of existence the Act has been the subject-matter of many a decision of the High Court and provisions of it have been considered also by the Court of Appeal. Most of these decisions deal with divorce. In academic circles, too, the Act received attention, witness the review by Chris Himsworth in theJournal of African Law. This review was written immediately after the Act came into force. An updated account is therefore appropriate. As I intend to approach the Act from a broader historical and jurisprudential angle, I will deal with it afresh rather than use Himsworth's penetrating but positivistic analysis as a frame of reference.

scholarly journals Primitive and Traditional Art in Modern Art Theory and Practice

2020 ◽  
Author(s):  
Marina Mikhailovna Novikova
Keyword(s):  
Subject Matter ◽  
Modern Art ◽  
Traditional Culture ◽  
Theory And Practice ◽  
Art Theory ◽  
Artistic Creativity ◽  
Traditional Art ◽  
The Subject ◽  
Symbolic Content ◽  
Formal Techniques

The article is devoted to identifying the points of contact between primitive and modern cultures. The subject matter is based on the theory and practice of artistic creativity, its origins and aesthetic potential. The article reveals the degree of influence of the figurative-semantic and symbolic content of primitive and traditional culture on modern artistic creativity: on stylistic, formal techniques, themes, images; in General, on artistic thinking.

scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

scholarly journals Recognition and Enforcement of Annulled Foreign Arbitral Awards in the Country of Origin under the 1958 New York Convention: the US and French Approaches

Teisė ◽  
2021 ◽  
Vol 120 ◽  
pp. 147-154
Author(s):  
Yunus Emre Ay
Keyword(s):  
New York ◽  
Subject Matter ◽  
Country Of Origin ◽  
Relevant Article ◽  
National Courts ◽  
The Us ◽  
Recognition And Enforcement ◽  
The Subject ◽  
New York Convention

The recognition and enforcement of annulled foreign arbitral awards in the country of origin under the 1958 New York Convention is subject to doctrinal discussions. A relevant article of the1958 New York Convention become the subject matter of many cases in some large economies. These cases and doctrinal views are very important for other countries that did not host such a case before their national courts. Therefore, the purpose of this paper is to analyse the relevant article of the 1958 New York Convention and compare delocalization and territorial theories.

scholarly journals A brief history of Business Ethics here and now

2017 ◽  
Vol 20 (7) ◽  
pp. 7-21
Author(s):  
Wojciech W. Gasparski
Keyword(s):  
Corporate Social Responsibility ◽  
Business Ethics ◽  
Social Responsibility ◽  
Subject Matter ◽  
Philosophical System ◽  
History Of ◽  
The Subject ◽  
Corporate Social ◽  
First Time

The article is a review of issues connected with business ethics and corporate social responsibility (CSR) in the last 20 years. Two decades have passed since the Sixth Polish Philosophical Congress took place in Toruń, where—for the first time in the history of Polish philosophical conventions—business ethics was recognized as a philosophical sub-discipline. It manifested itself in a special subsection of the Congress devoted to the topic, which was also kept at the next congress meetings. The paper is not a full review and most likely is not free from subjectivism. This is partly due to the fact that the subject matter falls within the scope of the philosophy of practicality—as the author interprets and refers to the philosophical system of Tadeusz Kotarbiński.

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