scholarly journals DOCTRINE OF “FAIR USE” OF FINE ART WORKS IN THE ANALYTICAL PRACTICE OF NORTH AMERICAN FORENSIC EXPERTS

2016 ◽  
Vol 16 ◽  
pp. 350-356
Author(s):  
M. M. Kalinichenko
Keyword(s):  
North American ◽  
The United States ◽  
Fine Art ◽  
Fair Use ◽  
Practical Significance ◽  
Legal Doctrine ◽  
The North ◽  
Art Works ◽  
Methodological Approaches ◽  
Analytical Practice

The paper presents some of the main provisions of North American methods for examining the works of fine art as objects of intellectual property in the context of the legal doctrine of "fair use" on the basis of the resonant case "Patrick Carey versus Richard Prince". The emphasis is placed on practical significance of the considered scientific and methodological approaches for modern Ukrainian forensic experts. The critical analysis is given for some specific features of the North American methods, which are controversial among lawyers and experts of the United States of America.

scholarly journals Progress in Diagnosing Primary Ciliary Dyskinesia: The North American Perspective

Diagnostics ◽  
2021 ◽  
Vol 11 (7) ◽  
pp. 1278
Author(s):  
Michael Glenn O’Connor ◽  
Amjad Horani ◽  
Adam J. Shapiro
Keyword(s):  
Genetic Testing ◽  
North America ◽  
North American ◽  
Primary Ciliary Dyskinesia ◽  
Clinical Phenotype ◽  
The United States ◽  
Diagnostic Process ◽  
The North ◽  
Diagnostic Guideline ◽  
Ciliary Dyskinesia

Primary Ciliary Dyskinesia (PCD) is a rare, under-recognized disease that affects respiratory ciliary function, resulting in chronic oto-sino-pulmonary disease. The PCD clinical phenotype overlaps with other common respiratory conditions and no single diagnostic test detects all forms of PCD. In 2018, PCD experts collaborated with the American Thoracic Society (ATS) to create a clinical diagnostic guideline for patients across North America, specifically considering the local resources and limitations for PCD diagnosis in the United States and Canada. Nasal nitric oxide (nNO) testing is recommended for first-line testing in patients ≥5 years old with a compatible clinical phenotype; however, all low nNO values require confirmation with genetic testing or ciliary electron micrograph (EM) analysis. Furthermore, these guidelines recognize that not all North American patients have access to nNO testing and isolated genetic testing is appropriate in cases with strong clinical PCD phenotypes. For unresolved diagnostic cases, referral to a PCD Foundation accredited center is recommended. The purpose of this narrative review is to provide insight on the North American PCD diagnostic process, to enhance the understanding of and adherence to current guidelines, and to promote collaboration with diagnostic pathways used outside of North America.

scholarly journals “The Future of Archaeology Is Antiracist”: Archaeology in the Time of Black Lives Matter

2021 ◽  
pp. 1-20
Author(s):  
Ayana Omilade Flewellen ◽  
Justin P. Dunnavant ◽  
Alicia Odewale ◽  
Alexandra Jones ◽  
Tsione Wolde-Michael ◽  
...  
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
Heritage Preservation ◽  
Social Unrest ◽  
Black Lives Matter ◽  
The North ◽  
Road Map ◽  
The Social ◽  
The Future

This forum builds on the discussion stimulated during an online salon in which the authors participated on June 25, 2020, entitled “Archaeology in the Time of Black Lives Matter,” and which was cosponsored by the Society of Black Archaeologists (SBA), the North American Theoretical Archaeology Group (TAG), and the Columbia Center for Archaeology. The online salon reflected on the social unrest that gripped the United States in the spring of 2020, gauged the history and conditions leading up to it, and considered its rippling throughout the disciplines of archaeology and heritage preservation. Within the forum, the authors go beyond reporting the generative conversation that took place in June by presenting a road map for an antiracist archaeology in which antiblackness is dismantled.

A SYNOPSIS OF THE NORTH AMERICAN SPECIES OF SYNDIPNUS (HYMEN., ICHNEUMONIDAE)

1940 ◽  
Vol 72 (7) ◽  
pp. 135-145 ◽  
Author(s):  
G. Stuart Walley
Keyword(s):  
United States ◽  
North American ◽  
The United States ◽  
North American Species ◽  
National Museum ◽  
United States National Museum ◽  
The North

As noted below the two North American species described in Syndipnus by workers appear to belong in other genrra. In Europe the gunus is represented by nearly a score of species and has been reviewed in recent years by two writers (1, 2). North American collections contain very few representatives of the genus; after combining the material in the National Collection with that from the United States National Museum, the latter kindly loaned to me by Mr. R. A. Cushman, only thirty-seven specimens are available for study.

scholarly journals EXPERIENCE OF NORTH AMERICAN SPECIALISTS ON RESEARCHES OF PHOTOGRAPHIC PRODUCTS AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 373-381
Author(s):  
I. О. Struk ◽  
M. M. Kalinichenko ◽  
Yu. S. Harabuga
Keyword(s):  
Intellectual Property ◽  
North American ◽  
Analytical Techniques ◽  
The United States ◽  
Fair Use ◽  
Easy Access ◽  
Court Case ◽  
Expert Committee ◽  
Associated Press ◽  
Expert Commission

In the modern epoch of digital techniques the photographic works gained considerable popularity and widespread use through the Internet. Because of easy access to the high- quality digital copies of photographs, unfair individuals in their business activities often use copyrighted photographic works without a license from the authors or copyright holders. Taking into account the actuality of this problem for the Ukrainian authors and national legal system, considering the prospect of establishing the High Specialized Court for Intellectual Property, and also in view of the urgent need of creating an adequate official technique for the research of photographic works as intellectual property objects, the experience of the United States specialists who studied the materials of court cases concerning infringement of copyright to the photographic works, has a significant practical value to the forensic experts of our country. Review study of the high profile case «Shepard Fairey v the Associated Press», known as «The Hope Poster case», as well as the conclusions of the expert commission, allows to consider main analytical techniques of research on photographic works as intellectual property objects, which have entered into the range of research means of modern North American court experts. The expert committee for this case reached the following conclusions: the photograph of B. Obama, created by photographers from the agency «Associated Press», cannot be considered as an original work; the graphic work under the title «The Hope Poster» authored by Sh. Fairey was found to be a variation of the photographic work of «The Associated Press»; in consideration of the low level of creative «transformativeness» of the image in the work of Sh. Fairey, his poster does not meet the conditions of the «Fair Use Doctrine». The findings of the experts forced the parties of court case to sign a conciliation agreement on such terms which are still not disclosed.

scholarly journals THE GENESIS OF THE US FOREIGN POLICY: THE ORIGIN OF THE HISTORIOGRAPHY OF THE TOPIC, 1610–1820S

2021 ◽  
Vol 7 (73) (2) ◽  
pp. 81-93
Author(s):  
D. V. Dorofeev
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Relations ◽  
North American ◽  
Alternative Hypothesis ◽  
The United States ◽  
Us Foreign Policy ◽  
Founding Fathers ◽  
The North ◽  
The Us

The research is devoted to the study of the origin of the historiography of the topic of the genesis of the US foreign policy. The key thesis of the work challenges the established position in the scientific literature about the fundamental role of the work of T. Lyman, Jr. «The diplomacy of the United States: being an account of the foreign relations of the country, from the first treaty with France, in 1778, to the Treaty of Ghent in 1814, with Great Britain», published in 1826. The article puts forward an alternative hypothesis: the emergence of the historiography of the genesis of the foreign policy of the United States occurred before the beginning of the second quarter of the XIX century – during the colonial period and the first fifty years of the North American state. A study of the works of thirty-five authors who worked during the 1610s and 1820s showed that amater historians expressed a common opinion about North America’s belonging to the Eurocentric system of international relations; they were sure that both the colonists and the founding fathers perceived international processes on the basis of raison d’être. The conceptualization of the intellectual heritage of non-professional historians allowed us to distinguish three interpretations of the origin of the United States foreign policy: «Autochthonous» – focused on purely North American reasons; «Atlantic» – postulated the borrowing of European practice of international relations by means of the system of relations that developed in the Atlantic in the XVII–XVIII centuries; «Imperial» – stated the adaptation of the British experience. The obtained data refute the provisions of scientific thought of the XX–XXI centuries and create new guidelines for further study of the topic.

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