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Showing posts from July, 2011

Comments on the NYLS "Expose"

Last Sunday's NYTimes "expose" on law school economics, with a pretty skewed perspective on my alma mater, NYLS, left much to be desired.  The author would be doing a much better service by questioning the validity of the US News rankings (which many inside and outside the academy continue to do), deceptive reporting across the board (likely including NYLS), miniscule response rates to employment surveys, further exploring the rising costs of living and tuition (can't find a school that's lowered it's tuition, correct me if I'm wrong), looking at faculty salaries, or really anything else that provides a fuller picture.  And then there's the assumption that everyone who goes to law school wants to work in Big Law and that no other legal or non-legal career options exist.  The author's previous explorations of the topic touched on many of those things, so it's a bit disappointing to see so much context left out.  You can read the article here, a…

Under the (album) covers

Image
I've been thinking a lot about photographer Jay Maisel's recent legal tussle with chiptune album Kind of Bloop's producer Andy Baio, documented in a post by Mr. Baio here.  The "chip" refers to the use or emulation of old computer or video game hardware to produce the jaggedly beautiful tones found in older video games, such as those on the 8-bit NES.  Kind of Bloop is a chiptune tribute to Miles Davis' iconic album Kind of Blue for which Baio licensed the music but failed to seek permission to use a pixelated, 8-bit version of Maisel's cover photograph.


Compare Maisel's original photograph (left) with Baio's version (right)

The basic issue is whether Baio's use qualifies as a fair use of the original rather than a derivative work for which advance permission would be necessary.  While I find the decision to go after Baio slightly offensive to the spirit of the music that helped propel Mr. Maisel’s career and see a stronger case in favor of fai…