Art versus Image: The First Amendment versus the Right of Publicity

Author(s):  
Sarah K. Fields

This chapter explores Tiger Woods' lawsuit against the artist Rick Rush. In 1997, Woods made history by winning the prestigious Masters tournament for the first time and doing so by a record twelve strokes. Inspired by his victory, Rush created a serigraph of Woods' driving the ball while flanked by his caddie and his opponents' caddie. Floating in the sky above the scene were the faces of Jack Nicklaus, Arnold Palmer, and other legendary golfers. The painting was then reproduced as a lithograph and five thousand copies were offered for sale. When Woods learned of the artwork, he sued Rush for violating his right of publicity. Rush argued that his work was protected under the First Amendment as art, while Woods argued that the work was merely sports merchandise like a poster and that it was subject to the right of publicity. The court agreed with Rush and said that regardless of the multiple copies, it was still art and deserved full First Amendment protection.

2019 ◽  
Vol 12 (3) ◽  
pp. 229-237 ◽  
Author(s):  
Alban Revy ◽  
François Hallouard ◽  
Sandrine Joyeux-Klamber ◽  
Andrea Skanjeti ◽  
Catherine Rioufol ◽  
...  

Objective: Recent gallium-68 labeled peptides are of increasing interest in PET imaging in nuclear medicine. Somakit TOC® is a radiopharmaceutical kit registered in the European Union for the preparation of [68Ga]Ga-DOTA-TOC used for the diagnosis of neuroendocrine tumors. Development of a labeling process using a synthesizer is particularly interesting for the quality and reproducibility of the final product although only manual processes are described in the Summary of Product (SmPC) of the registered product. The aim of the present study was therefore to evaluate the feasibility and value of using an automated synthesizer for the preparation of [68Ga]Ga-DOTA-TOC according to the SmPC of the Somakit TOC®. Methods: Three methods of preparation were compared; each followed the SmPC of the Somakit TOC®. Over time, overheads, and overexposure were evaluated for each method. Results: Mean±SD preparation time was 26.2±0.3 minutes for the manual method, 28±0.5 minutes for the semi-automated, and 40.3±0.2 minutes for the automated method. Overcost of the semi-automated method is 0.25€ per preparation for consumables and from 0.58€ to 0.92€ for personnel costs according to the operator (respectively, technician or pharmacist). For the automated method, overcost is 70€ for consumables and from 4.06€ to 6.44€ for personnel. For the manual method, extremity exposure was 0.425mSv for the right finger, and 0.350mSv for the left finger; for both the semi-automated and automated method extremity exposure were below the limit of quantification. Conclusion: The present study reports for the first time both the feasibility of using a [68Ga]- radiopharmaceutical kit with a synthesizer and the limits for the development of a fully automated process.


Author(s):  
Evan Osborne

Does humanity progress primarily through leaders organizing and directing followers, or through trial and error by individuals free to chart their own path? For most of human history ruling classes had the capacity and the desire to tightly regiment society, to the general detriment of progress. But beginning in the 1500s, Europeans developed a series of arguments for simply leaving well enough alone. First in the form of the scientific method, then in the form of free expression, and finally in the form of the continuously, spontaneously reordered free market, people began to accept that progress is hard, and requires that an immense number of mistakes be tolerated so that we may learn from them. This book tells the story of the development of these three ideas, and for the first time tells of the mutual influence among them. It outlines the rise, and dramatic triumph, of each of these self-regulating systems, followed by a surprising rise in skepticism, especially in the economic context. Such skepticism in the 20th century was frequently costly and sometimes catastrophic. Under the right conditions, which are more frequent than generally believed, self-regulating systems in which participants organize themselves are superior. We should accept their turbulence in exchange for the immense progress they generate.


Author(s):  
Andrew McNeillie
Keyword(s):  

It is now widely acknowledged, and far beyond Ireland, that Tim Robinson’s two volumes jointly known as Stones of Aran (‘Pilgrimage’ and ‘Labyrinth’) are modern classics, exemplary in every way of how to write about place and to do so with a formal, literary accomplishment that more than earns the right to nod at Ruskin’s own classic. In 2012, Robinson went back to Árainn, the largest of the three islands, for the first time in nearly ten years. He did so at the urging of Andrew McNeillie, with whom he spent two and a half days revisiting old haunts. This chapter makes account of the occasion and uses, in the process, a unique document provided by Robinson as an experiment in annotating his work. This prompts McNeillie to investigate some of his own annotations and footnotes to Aran.


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