Category: General

Irish artist seeks copyright to his iconic portrait of Che Guevara – The Irish Times – Wed, Feb 16, 2011

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| Copyright, General

OLIVIA KELLY and STEPHEN MAGUIRE

RENOWNED ARTIST Jim Fitzpatrick has launched a legal bid to finally secure the rights to his famous picture of Che Guevara.

The artist, also known for his Thin Lizzy album covers, never received royalties for his iconic black-and-red 1968 picture of the Argentine revolutionary, based on a photograph by Alberto Korda.

The image has featured around the world on everything from T-shirts to cereal boxes to movie promotions.

Art expert Dr Martin Kemp has rated the portrait among the world’s top 10 iconic images, which include those of Christ and the Mona Lisa.

Fitzpatrick said he wants to establish ownership of the image so he can hand over the rights to the Guevara family and the Cuban people.

via irishtimes.com
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The Art Law Blog: Court of Appeals Affirms Wildenstein Dismissal

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| General, Restitution

Landscape with Three Trees 1892

“Landscape with Three Trees” (1892) by Paul Gauguin via oceansbridge.com

The New York Court of Appeals has unanimously affirmed the dismissal of a lawsuit against Guy Wildenstein arising out of the purchase of a Gauguin painting. The decision is here [warning: pdf] …

At the intermediate appellate level, one judge thought the unjust enrichment claim should have survived because, on such a claim, “there is no requirement that the aggrieved party be in privity with the party enriched at his or her expense.” But the Court of Appeals held that, although it is true that “privity is not required for an unjust enrichment claim,” such a claim will nevertheless fail “if the connection between the parties is too attenuated.”

via theartlawblog.blogspot.com
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On Concurring Opinions this week, a symposium on Tim Wu’s “The Master Switch”

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| 1A, Cyberlaw, General

Symposium on “The Master Switch”

posted by Gerard Magliocca

I am pleased to announce that Concurring Opinions will host a symposium this week on Tim Wu’s The Master Switch:  The Rise and Fall of Information Empires. .. I’m looking forward to a fun exchange of ideas about Tim’s book, which you can purchase here.

via concurringopinions.com

 

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UK Plans to Reduce DNA Databases – Human Rights in Ireland

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| General, Privacy

Under changes announced last Friday (11th), DNA profiles and fingerprints taken from people who have been arrested but never charged or convicted of a crime will be destroyed. Previously, police had powers to keep these records indefinitely. This legislation draws heavily on the recommendations made by the Nuffield Council on Bioethics in the 2007 report ‘The forensic use of bioinformation: ethical issues’ which had suggested that the law in England, Wales and Northern Ireland should be brought into line with Scotland, where other than in exceptional cases, DNA profiles and biological samples from a person are kept permanently on record only if they have been convicted of a recordable offence.

via humanrights.ie

This post, by David O’Dwyer, doctoral student at the Centre for Criminal Justice at the University of Limerick, updates my post on Retention of DNA, and the effect of decisions of the European Court of Human Rights. There is a good piece in the Guardian about the issue: DNA profiles to be deleted from police database. And Cian Murphy has an excellent discussion of the Bill in which the DNA proposals are to be found: Protection of Freedoms Bill Published. Magna Carta Unfazed.

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Are we to Live with Useless Periods Forever? — Slaw

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| General

Last Summer, the 7th edition of the Canadian Guide to Uniform Legal Citation (the “McGill Guide”) introduced this “General Rule” at p. E-3:

“In citations, omit periods when using an abbreviation or acronym, unless the Guide explains otherwise.”

The change entailed by this low key sentence has a very significant impact. Indeed, each and every example in the Guide is now free of the useless periods we have come to get used to. What a nice and overdue clean-up! …

Major legal citation guides in the UK (OSCOLA, s. 1.3.1) and Australia (AGLC, s. 1.6.1) clearly forbid the use of “full stops” in abbreviations and initials found in citations.

via slaw.ca
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MCD pursues Prince for €2.2m through US court – The Irish Times – Mon, Feb 14, 2011

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| Contract, General

MCD PROMOTER Denis Desmond is pursuing Prince through the American courts to recover €2.2 million in damages which have not been paid.

Documents filed in the Central District of the Los Angeles Superior Court are seeking recognition of the High Court judgment given last year against Prince.

If judgment is granted, Mr Desmond will be able to target Prince’s assets, including his home, if he does not pay.

via irishtimes.com

I’ve discussed the background to this claim here.

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Air tax refund firm in the wars- The Irish Times – Fri, Feb 11, 2011

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| General, Restitution

Air tax refund firm in the wars

 
AIRTAXREFUND.COM has had a turbulent start to this year.

Ryanair has stepped up the legal pressure on the new business, which is offering to chase air tax refunds for passengers for a small fee.

On February 4th, Ryanair’s director of legal and regulatory Juliusz Komorek affairs, fired off two more letters to co-founder Brian Whelan threatening legal action. …

Whelan has been given until 5pm today [ie, Fri Feb 11, 2011] to respond. He told me the matter was with his legal advisers at William Fry. …

via irishtimes.com

I’ve set out the background to this issue here.

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Judge rules ‘Irish Daily Mail’ defamed Mellon – The Irish Times – Fri, Feb 11, 2011

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| General

A JUDGE has found philanthropist Niall Mellon was defamed by a daily newspaper in a report claiming he had sacked a personal assistant shortly before she was due to give birth.

Yesterday Judge Alison Lindsay at the Circuit Civil Court ordered that the publishers of the Irish Daily Mail , Associated Newspapers Ltd, publish a correction and apologise to Mr Mellon after finding he had been defamed in an article that appeared in March last year. The article reported a claim by Helen O’Connor that she had been dismissed after asking him for financial help.

The judge said the newspaper had “no defence” to the action brought by Mr Mellon, who claimed the article contained words that were untrue and inaccurate.

Mr Mellon (44), a property developer from Rathfarnham, Dublin, had brought proceedings under the 2009 Defamation Act arising out of the report claiming he had sacked Ms O’Connor only two weeks before she was due to give birth.

via irishtimes.com
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