Saturday, January 14, 2017

Here Be... Cookies, To Turn A Phrase, and Ivanka Trump

Periodic reminder:
European law requires us (the authors of this blog) to remind European visitors that Google, host of Blogger, places cookies on the devices of all visitors. We (the authors) have no control over the cookies that Blogger/Google places on your devices, and if you visit this blog, we assume that you consent to the cookies.

Talking of European cookie law:
The law firm Morgan Lewis & Bockius LLP recently wrote about European proposed e-privacy rules that may be adopted early in 2018.

Honestly, I do not believe that the authors of this blog have any access at all to visitors' data, email addresses or anything else (unless you leave a comment, and mostly, you don't).  There does seem to be a visitor counter at the very bottom of the blog page, and according to the above referenced law firm, visitor counters do not require the consent of visitors.

On "60 Ways..." not to leave your lover but "To Turn A Phrase":
In an interesting article about how he advises clients on creating unique and memorable trademarks, Nexsen Pruett refers to "Figures of Speech or 60 Ways to Turn a Phrase" by Arthur Quinn.

Read Nexsen Pruett's blog if you are thinking of getting a trademark (mine is Space Snark and I did not take this expert's advice).  I'm thinking of buying the late Arthur Quinn's paperback.  However, it is short and expensive, and Google Books helpfully reveals quite a lot of the content (very interesting content on use of misspelled words),  Pages 12-24 consecutively and in full, for instance.

And a search of "And" reveals "To And or Not To And" pages 1 to 9 inclusive. It's a mystery to me how Authors Guild lost that lawsuit, and this is totally lawful.

Last but not least,
I bought an Ivanka Trump dress last week. It was marked down at T J Maxx, and was well made, flattering, and a modest length. I cannot say the same about the length, of a Pillsbury Winthrop Shaw Pittman LLP law firm's article about artists piling on Ivanka Trump because their artwork shows on her home's walls in the background of her selfies.

If the late Prince and his music publishers could not prevail in the Dancing Baby case for his music playing in the background of a home movie, it's even more likely to be fair use for whatever one has permanently displayed on ones walls to be in the background of personal photographs.

It might be a different matter if the lady were taking high quality photos of just the artwork and selling prints, but she is not doing that.

The legal blogger (Ms Pillsbury) makes excellent points about Fair Use as regards background images in non-commercial social media type posts on Instagram.

Authors might extrapolate something to consider before taking photographs to promote their own books if there are prominent and clear images of more famous authors' works in the background. It's not cool to use--or tag-- another author's name (without permission) to promote oneself.

All the best,
Rowena Cherry

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