Archive for October 7th, 2015

October 7, 2015

Subotnik to Present Article at Texas A&M IP Scholars Roundtable

Professor Eva Subotnik will be presenting her work-in-progress, Artistic Control After Death, at the inaugural Texas A&M IP

Eva Subotnik

Eva Subotnik

Scholars Roundtable in Fort Worth this Friday and Saturday, October 9-10.  The Roundtable brings together intellectual property and technology law scholars, providing them with an annual forum for sharing research and peer networking. In addition to the usual work-in-progress presentations, this interdisciplinary Roundtable will feature substantial commentary offered by veteran commentators and extended Q&A sessions.  Information about the Roundtable is available here:

The abstract to Professor Subotnik’s article follows:

To what extent should authors be able to control what happens to their literary, artistic, and musical creations after they die?  Looked at through the lens of general succession law trends, there is some evidence to suggest that strong control is warranted.  The weakening of the Rule Against Perpetuities, the rise of the honorary trust, and the availability of conditional bequests all portray a tightening grip of the dead hand.  And yet, an unconstrained ability of the dead to determine future uses of works of art,music, and literature seems fundamentally troubling.  This article situates the instructions given by authors with respect to literary and artistic works within the types of instructions given by decedents with respect to other bequests.  In particular, it considers whether the use of a fiduciary duty to ensure artistic control is an appropriate and enforceable maneuver.  Weighing in favor ofsuch enforcement, arguably, are the natural and personhood rights of author-testators as well as the possible up-front incentive effects on them.  Weighing against, arguably, are the natural and personhood rights of others as well as the possible long-term effects on cultural development.  In balancing these competing interests, this article considers, among other things, the demands of both federal copyright policy and state trust and right of publicity laws.  In the end, it argues that authorial instructions must yield to the needs of the development of culture.  Such a view requires that some living person(s) be in a position to make decisions about the uses of literary and artistic works.

October 7, 2015

Lazaro Quoted Several Times in New Issue of FA Magazine

Professor Christine Lazaro was quoted in two articles in Financial Advisor (“FA”) Magazine this month discussing the FINRA Christine Lazaroarbitration process.  The magazine’s cover article, “Resolving Client Disputes,” discusses the securities arbitration process at length.  Professor Lazaro commented on the similarities between arbitration and court litigation:

“As cases get bigger, arbitration begins to look a lot like the litigation process,” says Christine Lazaro, director of the Securities Arbitration Clinic at St. John’s University’s School of Law. “There aren’t as many of the traditional benefits that arbitration generally offers in terms of reduced costs and timeliness. Cases are taking a fairly long time, and they’re going to be expensive.”

The second article, “FINRA Streamlines Arbitration Process Online,” touches on the mandatory nature of the FINRA arbitration process.  In commenting on the perceptions of the parties to FINRA arbitration, Professor Lazaro observed: “It really depends on whether you win or you lose….If you’re on the losing end, the process feels pretty unfair.”

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