scholarly journals EXPERIENCE OF NORTH AMERICAN FORENSIC EXPERTS ON RESEARCHES OF PERSONAGES AS OBJECTS OF THE COPYRIGHT

2017 ◽  
Vol 17 ◽  
pp. 367-373
Author(s):  
M. M. Kalinichenko ◽  
I. O. Struk

A personage as a part of literary, visual and audiovisual works is one of intellectual property objects, and thus is the subject to legal protection. The task of forensic expert is an empirical determination of the level of personage independence on the objective evaluation criteria. Therefore, the objective and task of the article is to provide a generalized outline of the main analytical practices and scientific-methodic concepts of North American forensic specialists which are used in the process of case materials evaluation concerning personages as objects of copyright. In the United States, the key legal provision governing the protection of the author rights (the copyright holder) on personage is that such personage is protected to the extent which is defined by the so-called "source identifier" certifying the presence of associative relation of a personage under research with concrete works or commercial objects. The contemporary research also takes into account the "secondary meaning" -factor in the process ofpersonages evaluation, which is based on their value in relation to the source of origin. Forensic experts of the United States also use two main research "tests" to determine whether a personage is a subject to legal protection. The first of them, the so-called "The Character Delineation Test" which is based on the assumption that personages underdeveloped in the artistic sense, give evidence to the lack of obvious signs of author’s creativity, hence they are deprived with attributes of creative character represented in the objective form. Another common analytical technique is so-called "The Story Being Told Test" which considers a personage as an integral part of an artistic structure of the analyzed work, without which the work, as a whole, can not exist in accordance with the rules of the traditional artistic logic.

2018 ◽  
Vol 18 ◽  
pp. 512-518
Author(s):  
I. O. Struk ◽  
M. M. Kalinichenko

Characters as a component of visual and audiovisual (as well as literary) works are among the objects of intellectual property and are subject to legal protection. The task of a forensic expert is to empirically determine the characters independence level according to objective evaluation criteria that are not presented in corresponding official methods. In the present article the history of the creation and specific features of leading scientific and methodical means and research practices of characters examination as objects of copyright which became significant spread in the modern analytical practice of North American specialists in the forensic science are briefly reviewed. Thanks to efforts of leading North American forensic science in the field of characters protection as objects of intellectual property, several professional methods have been developed and tested at the same time over past few decades and are actively used in court practice. General review of two main methodological tools that are used most often is presented in this article that purpose and task is to generalize and critically analyze the main scientific and methodological concepts of North American forensic experts which are applied in the process of studying the facts of characters use as objects of copyright. Main scientific methodological "tests" used by of the United States forensic experts ("test for a sufficient level of creative expressiveness" and "test of characters embodying essential features of the work") are considered. While general research on examined methodological materials, productive analytical tools were detailed that are worthy of being included in the arsenal of modern Ukrainian forensic science. However, their effective practical application by domestic forensic experts requires a careful critical attitude, appropriate approbation, application of a wide range of research and methodological approaches.


1987 ◽  
Vol 14 (1) ◽  
pp. 85-88
Author(s):  
CHARLOTTE M PORTER

A curious error affects the names of three North American clupeids—the Alewife, American Shad, and Menhaden. The Alewife was first described by the British-born American architect, Benjamin Henry Latrobe in 1799, just two years after what is generally acknowledged as the earliest description of any ichthyological species published in the United States. Latrobe also described the ‘fish louse’, the common isopod parasite of the Alewife, with the new name, Oniscus praegustator. Expressing an enthusiasm for American independence typical of his generation, Latrobe humorously proposed the name Clupea tyrannus for the Alewife because the fish, like all tyrants, had parasites or hangers-on.


2021 ◽  
pp. 1-20
Author(s):  
Ayana Omilade Flewellen ◽  
Justin P. Dunnavant ◽  
Alicia Odewale ◽  
Alexandra Jones ◽  
Tsione Wolde-Michael ◽  
...  

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.


1993 ◽  
Vol 67 (1) ◽  
pp. 151-151
Author(s):  
R. William Orr ◽  
Richard H. Fluegeman

In 1990 (Fluegeman and Orr) the writers published a short study on known North American cyclocystoids. This enigmatic group is best represented in the United States Devonian by only two specimens, both illustrated in the 1990 report. Previously, the Cortland, New York, specimen initially described by Heaslip (1969) was housed at State University College at Cortland, New York, and the Logansport, Indiana, specimen was housed at Ball State University, Muncie, Indiana. Both institutions recognize the importance of permanently placing these rare specimens in a proper paleontologic repository with other cyclocystoids. Therefore, these two specimens have been transferred to the curated paleontologic collection at the University of Cincinnati Geological Museum where they can be readily studied by future workers in association with a good assemblage of Ordovician specimens of the Cyclocystoidea.


2021 ◽  
pp. 152700252110227
Author(s):  
John Charles Bradbury

Major League Soccer (MLS) is the top-tier professional soccer league serving the United States and Canada. This study examines factors hypothesized to impact consumer demand for professional sports on team revenue in this nascent league. The estimates are consistent with positive returns to performance, novelty effects from newer teams, and varying impacts from roster quality and composition. Other factors hypothesized to be important for MLS teams (e.g., stadium quality and market demographics) are not associated with team revenue. The estimates are similar to findings in other major North American sports leagues, even though MLS operates with a unique single-entity ownership structure that has the potential to disincentivize individual team investments by league owners.


1940 ◽  
Vol 72 (7) ◽  
pp. 135-145 ◽  
Author(s):  
G. Stuart Walley

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.


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