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We give follow-on artists credit for innovation at Factor 1 while recognizing that Factor 4 and the other factors will sometimes cut decisively the other way.
We gives follow-on artists credit for innovation at Factor 1 while recognizing that Factor 4 and the other factors will sometimes cut decisively the other way.
Goldsmith's necessity test, by contrast, upends that balance.
Goldsmith's necessity test, by contrast, upend that balance.
It banishes transformative meaning from the equation altogether, and by doing so, it violates 107's text, contradicts precedent, and undermines copyright's key goal, promoting creativity for the public good.
It banish transformative meaning from the equation altogether, and by doing so, it violates 107's text, contradicts precedent, and undermines copyright's key goal, promoting creativity for the public good.
We ask you to reaffirm Campbell and reverse the decision below.
We asks you to reaffirm Campbell and reverse the decision below.
I think a classic example would be a -- a book-to-movie adaptation.
I thinks a classic example would be a -- a book-to-movie adaptation.
I think that would be a follow-on work.
I thinks that would be a follow-on work.
I think, if you -- if someone were to, you know, try to do that, I think that the -- the original creator, the author of the book, could very easily assert that that was not fair use and would have a winning case under Factor 4 and probably also under Factor 1.
I thinks, if you -- if someone were to, you know, try to do that, I think that the -- the original creator, the author of the book, could very easily assert that that was not fair use and would have a winning case under Factor 4 and probably also under Factor 1.
Yeah, I think -- I think there's a Factor 4 issue and a Factor 1 issue.
Yeah, I think -- I thinks there's a Factor 4 issue and a Factor 1 issue.
I think the most obvious problem would be a Factor 4 problem for the person who's trying to copy or -- or create the movie adaptation.
I thinks the most obvious problem would be a Factor 4 problem for the person who's trying to copy or -- or create the movie adaptation.
I read Factor 1, the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
I reads Factor 1, the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
Is -- I think I have to look at a use under 1 as well.
Is -- I thinks I have to look at a use under 1 as well.
That factor, I think, is telling me to look at a use.
That factor, I think, are telling me to look at a use.
So -- so we think that both uses are directly implicated in this case.
So -- so we thinks that both uses are directly implicated in this case.
I know there's a significant amount of confusion between our side and the other side on this, so I'd like to try to clarify it.
I knows there's a significant amount of confusion between our side and the other side on this, so I'd like to try to clarify it.
This case came about because Ms. Goldsmith contacted the foundation, asserted that -- that the -- the original Warhol works were infringing, demanded a quite substantial seven-figure sum of money, and also demanded the copyrights in the work.
This case come about because Ms. Goldsmith contacted the foundation, asserted that -- that the -- the original Warhol works were infringing, demanded a quite substantial seven-figure sum of money, and also demanded the copyrights in the work.
We then filed --
We then files --
I'm -- I'm putting that aside.
I'm -- I is putting that aside.
So I think the only thing they can claim under the statute is the 2016 license.
So I thinks the only thing they can claim under the statute is the 2016 license.
That has ongoing significance because, if we --
That have ongoing significance because, if we --
So then I want to break them down.
So then I wants to break them down.
I understand your argument.
I understands your argument.
That I give you -- I spot you.
That I gives you -- I spot you.
But then what do I do with the rest of Factor 1, the purpose and use and -- and character of the use?
But then what does I do with the rest of Factor 1, the purpose and use and -- and character of the use?
Goldsmith also licensed her photographs to magazines, just as Warhol's estate did.
Goldsmith also license her photographs to magazines, just as Warhol's estate did.
Today's proceeding is being broadcast live on the Judiciary's YouTube channel as well as on ʻŌlelo.
Today's proceeding are being broadcast live on the Judiciary's YouTube channel as well as on ʻŌlelo.
Court's allocated 30 minutes for each side.
Court have allocated 30 minutes for each side.
Just to confirm, Mr. Sova, you've reserved 10 minutes for rebuttal, so your initial argument will go for 20 minutes and then we'll give you a warning at that point.
Just to confirm, Mr. Sova, you have reserved 10 minutes for rebuttal, so your initial argument will go for 20 minutes and then we'll give you a warning at that point.
I want to focus today on two primary issues.
I wants to focus today on two primary issues.
I believe that discussion will make clear that the interest here is possession of personal property and that process due is not a contested case under Chapter 91.
I believes that discussion will make clear that the interest here is possession of personal property and that process due is not a contested case under Chapter 91.
As such, we believe the Circuit Court erred in finding jurisdiction over this matter.
As such, we believes the Circuit Court erred in finding jurisdiction over this matter.
In general, a claim of due process right to a hearing has two steps.
In general, a claim of due process right to a hearing have two steps.
Now, something that's created a lot of confusion in this case is there are really two asserted interests here.
Now, something that's created a lot of confusion in this case is there be really two asserted interests here.
Now, as to the property itself, the Circuit Court correctly concluded that personal property is something that people have a due process interest in.
Now, as to the property itself, the Circuit Court correctly conclude that personal property is something that people have a due process interest in.
But I want to talk about a second interest that can be seen in this record, and that is the right to occupy public land, the right to maintain personal property on public land.
But I wants to talk about a second interest that can be seen in this record, and that is the right to occupy public land, the right to maintain personal property on public land.
And although plaintiffs have a protected interest in their property, they don't have a protected interest in occupying public land, maintaining their property on public land, or dictating the county's management of the lands under its control.
And although plaintiffs have a protected interest in their property, they doesn't have a protected interest in occupying public land, maintaining their property on public land, or dictating the county's management of the lands under its control.
And plaintiffs have described their interests this way.
And plaintiffs has described their interests this way.
Appellants in their notice of appeal stated they appealed from a final decision to, quote, "execute the forced eviction and vacature of people and their belongings from punitive County of Maui property."
Appellants in their notice of appeal states they appealed from a final decision to, quote, "execute the forced eviction and vacature of people and their belongings from punitive County of Maui property."
And the case law makes it clear that there is no such claim of entitlement.
And the case law make it clear that there is no such claim of entitlement.
In Lavan, the Court stated "the District Court did not recognize, and we do not now address, the existence of a constitutionally protected property right to leave possessions unattended on public sidewalks."
In Lavan, the Court state "the District Court did not recognize, and we do not now address, the existence of a constitutionally protected property right to leave possessions unattended on public sidewalks."
Later, the Court goes on to say, "nor does this appeal concern any purported right to use public sidewalks as storage facilities."
Later, the Court go on to say, "nor does this appeal concern any purported right to use public sidewalks as storage facilities."
And there are many, many other case law citations that support that there is not a due process right to maintain property on public property, even if there is a due process right in possession of the property itself.
And there bes many, many other case law citations that support that there is not a due process right to maintain property on public property, even if there is a due process right in possession of the property itself.
And because this interest is not property, there's not a due process right that attaches to this interest.
And because this interest is not property, there be not a due process right that attaches to this interest.
Even so, the County did afford at least some process on the issue of maintaining people and possessions on these lands.
Even so, the County do afford at least some process on the issue of maintaining people and possessions on these lands.
I mean, there's a conced- -- I thought I heard you concede that the the chattels are personal property is property for due process analysis.
I mean, there's a conced- -- I thinks I heard you concede that the the chattels are personal property is property for due process analysis.
And if you look at the cases from the Ninth Circuit and elsewhere, it doesn't seem to be much doubt that we assume that it's property for due process analysis, whether it's on public sidewalk or not.
And if you look at the cases from the Ninth Circuit and elsewhere, it don't seem to be much doubt that we assume that it's property for due process analysis, whether it's on public sidewalk or not.
Yes, there is an interest in possession of the property itself.
Yes, there be an interest in possession of the property itself.
And the courts that have looked at this have stated that possession of the property is the protected right, even when it's maintained on public land, even when it's maintained on lands in violation of trespass statutes.
And the courts that have looked at this has stated that possession of the property is the protected right, even when it's maintained on public land, even when it's maintained on lands in violation of trespass statutes.
So I'm not saying that the property loses protections when it's on public land.
So I is not saying that the property loses protections when it's on public land.
Is there any specific case that you can point to, though, that distinguishes or sets some boundary as to placement and when it becomes occupation subject to eviction?
be there any specific case that you can point to, though, that distinguishes or sets some boundary as to placement and when it becomes occupation subject to eviction?
They seem to be primarily based on occupation that amounts to trespass or occupation using the property in effect as a proxy for trespass.
They seems to be primarily based on occupation that amounts to trespass or occupation using the property in effect as a proxy for trespass.
So where does that separation flow from?
So where do that separation flow from?
I think the problem has been that in many of the cases that are cited, the municipalities have stated that there's no interest in the property because it's maintained on public land.
I thinks the problem has been that in many of the cases that are cited, the municipalities have stated that there's no interest in the property because it's maintained on public land.
There's no interest in the property because it's maintained on land in violation of trespass statutes.
There be no interest in the property because it's maintained on land in violation of trespass statutes.
The distinction I'm trying to draw is that we're conflating two different issues.
The distinction I'm trying to draw is that we are conflating two different issues.
So that did not happen here, right?
So that do not happen here, right?
That did not happen.
That do not happen.
I'm conceding that there may be a due process violation based upon the failure to provide those specific procedures.
I is conceding that there may be a due process violation based upon the failure to provide those specific procedures.
So yes, there is a concession there, but not one that would rise to the level of --
So yes, there be a concession there, but not one that would rise to the level of --
First, all the cases, even those that have recognized the property right and the possessions have acknowledged that the property will not be implicated in the action if it's removed from the property at issue.
First, all the cases, even those that have recognized the property right and the possessions has acknowledged that the property will not be implicated in the action if it's removed from the property at issue.
That doesn't eliminate the due process right over the property itself, but it is something that we believe is mitigating here.
That don't eliminate the due process right over the property itself, but it is something that we believe is mitigating here.
Additionally, there were alternatives --
Additionally, there bes alternatives --
So what were they supposed to do?
So what is they supposed to do?
I think that would be one course of relief.
I thinks that would be one course of relief.
So there was contact with the mayor.
So there be contact with the mayor.
I believe that occurred on September 17th from the record.
I believes that occurred on September 17th from the record.
And at that time, the mayor did speak individually with Ms. Lau as well as Ms. Davis.
And at that time, the mayor do speak individually with Ms. Lau as well as Ms. Davis.
We know that our readers are distracted and sometimes even overwhelmed by the myriad distractions that lie one click away on the Internet, but of course writers face the same glorious problem: the delirious world of information and communication and community that lurks behind your screen, one alt-tab away from your wo...
We knows that our readers are distracted and sometimes even overwhelmed by the myriad distractions that lie one click away on the Internet, but of course writers face the same glorious problem: the delirious world of information and communication and community that lurks behind your screen, one alt-tab away from your w...
Every now and again, when I see a new website, game, or service, I sense the tug of an attention black hole: a time-sink that is just waiting to fill my every discretionary moment with distraction.
Every now and again, when I see a new website, game, or service, I senses the tug of an attention black hole: a time-sink that is just waiting to fill my every discretionary moment with distraction.
As a co-parenting new father who writes at least a book per year, half-a-dozen columns a month, ten or more blog posts a day, plus assorted novellas and stories and speeches, I know just how short time can be and how dangerous distraction is.
As a co-parenting new father who writes at least a book per year, half-a-dozen columns a month, ten or more blog posts a day, plus assorted novellas and stories and speeches, I knows just how short time can be and how dangerous distraction is.
But the Internet has been very good to me.
But the Internet have been very good to me.
It ’s informed my creativity and aesthetics, it ’s benefited me professionally and personally, and for every moment it steals, it gives back a hundred delights.
It are informed my creativity and aesthetics, it ’s benefited me professionally and personally, and for every moment it steals, it gives back a hundred delights.
I think I ’ve managed to balance things out through a few simple techniques that I ’ve been refining for years.
I thinks I ’ve managed to balance things out through a few simple techniques that I ’ve been refining for years.
I still sometimes feel frazzled and info-whelmed, but that ’s rare.
I still sometimes feels frazzled and info-whelmed, but that ’s rare.
When I ’m working on a story or novel, I set a modest daily goal — usually a page or two — and then I meet it every day, doing nothing else while I ’m working on it.
When I ’m working on a story or novel, I sets a modest daily goal — usually a page or two — and then I meet it every day, doing nothing else while I ’m working on it.
Knitters leave a bit of yarn sticking out of the day ’s knitting so they know where to pick up the next day — they call it the “hint.”
Knitters leaves a bit of yarn sticking out of the day ’s knitting so they know where to pick up the next day — they call it the “hint.”
Potters leave a rough edge on the wet clay before they wrap it in plastic for the night — it ’s hard to build on a smooth edge.
Potters leaves a rough edge on the wet clay before they wrap it in plastic for the night — it ’s hard to build on a smooth edge.
Anything that requires you to wait for a response, even subconsciously, occupies your attention.
Anything that requires you to wait for a response, even subconsciously, occupy your attention.
Anything that leaps up on your screen to announce something new, occupies your attention.
Anything that leaps up on your screen to announce something new, occupy your attention.
I do n’t claim to have invented these techniques, but they ’re the ones that have made the 21st century a good one for me.
I does n’t claim to have invented these techniques, but they ’re the ones that have made the 21st century a good one for me.
There ’s long been a notion that, because money is a prerequisite for survival and security, everyone should be assured some income just for being alive.
There have long been a notion that, because money is a prerequisite for survival and security, everyone should be assured some income just for being alive.
The notion has been advanced by liberals such as James Tobin, John Kenneth Galbraith, and George McGovern, and by conservatives like Friedrich Hayek, Milton Friedman, and Richard Nixon.
The notion have been advanced by liberals such as James Tobin, John Kenneth Galbraith, and George McGovern, and by conservatives like Friedrich Hayek, Milton Friedman, and Richard Nixon.
And yet, with one exception, Americans have been unable to agree on any plan that guarantees some income to everyone.
And yet, with one exception, Americans has been unable to agree on any plan that guarantees some income to everyone.
The reasons lie mostly in the stories that surround such income.
The reasons lies mostly in the stories that surround such income.
Does it require higher taxes and bigger government?
do it require higher taxes and bigger government?
Americans think dimly of all these things.
Americans thinks dimly of all these things.
But then, there ’s the exception.
But then, there be the exception.
In Hammond ’s model, the money comes not from taxes but from a common resource: North Slope oil.
In Hammond ’s model, the money come not from taxes but from a common resource: North Slope oil.
Using proceeds from that gift of nature, the Alaska Permanent Fund has paid equal yearly dividends to every resident, including children, ranging from about $ 1,000 to over $ 3,000.
Using proceeds from that gift of nature, the Alaska Permanent Fund have paid equal yearly dividends to every resident, including children, ranging from about $ 1,000 to over $ 3,000.
While this is n’t enough to live on, it nicely supplements Alaskans’ other earnings.
While this is n’t enough to live on, it nicely supplement Alaskans’ other earnings.
The question Americans in the lower 48 should now ask is: Did Alaska find the right formula?
The question Americans in the lower 48 should now ask is: do Alaska find the right formula?
In my latest book, With Liberty and Dividends For All, I show how, over time, we could generate enough revenue to pay dividends of up to $ 5,000 per person per year.
In my latest book, With Liberty and Dividends For All, I shows how, over time, we could generate enough revenue to pay dividends of up to $ 5,000 per person per year.
In his 1796 essay “Agrarian Justice,” American patriot Thomas Paine distinguished between two kinds of property: “natural property, or that which comes to us from the Creator of the universe--such as the earth, air, water … [and] artificial or acquired property, the invention of men.”
In his 1796 essay “Agrarian Justice,” American patriot Thomas Paine distinguish between two kinds of property: “natural property, or that which comes to us from the Creator of the universe--such as the earth, air, water … [and] artificial or acquired property, the invention of men.”
And Paine went further.
And Paine go further.
He proposed a practical way to implement that right: create a “National Fund” to pay every man and woman a lump sum (roughly $ 17,000 in today ’s money) at age twenty-one, and a stipend of about $ 1,000 a month after age fiftyfive.
He propose a practical way to implement that right: create a “National Fund” to pay every man and woman a lump sum (roughly $ 17,000 in today ’s money) at age twenty-one, and a stipend of about $ 1,000 a month after age fiftyfive.
He even showed mathematically how this could work.
He even show mathematically how this could work.
Presciently, Paine recognized that land, air, and water could be monetized not just for the benefit of a few but for the good of all.
Presciently, Paine recognize that land, air, and water could be monetized not just for the benefit of a few but for the good of all.
Further, he saw that this could be done at a national level.
Further, he see that this could be done at a national level.
But first, we have to see the opportunity and demand it.
But first, we haves to see the opportunity and demand it.
I recently acquired a hand-me-down chest freezer from a colleague, and have since been daydreaming about all the ways it is going to enhance my food life.
I recently acquires a hand-me-down chest freezer from a colleague, and have since been daydreaming about all the ways it is going to enhance my food life.
With a little forethought, it provides an alternative to relying on distantly sourced, subpar produce in the bleak winter months.
With a little forethought, it provide an alternative to relying on distantly sourced, subpar produce in the bleak winter months.