The Idea Of Art By Dorothy Allison - 1623 Words

The idea of art being a unique interpretation of what an artist’s feels towards a particular thing has always been a given when talking about art. However, where is the line drawn on what art truly is and what it means to its audience? To do this, the idea of what art means must be applied to the idea of what art is. In Dorothy Allison’s This is Our World, the author touches on points of what art is and what it means to its viewers. These points and supporting stories point to the idea that art is subjective, personal, and provocative. This allows Allison to draw her conclusion that arts purpose is to depict the deeper meaning into situations and incidents that occur in our world. In Dorothy Allison’s journal, one can see how the author effectively conveys the ideas of art being personal and subjective, but fails at detailing how art can be subjective. One idea that Allison points to throughout her essay is that art is subjective, stating that every person sees a rt differently. While doing this she adds her ideas of what art should be, indicating that art is meant to tell a story and tell the reality of a situation. For example, Allison references a memory of her friend Jackie criticizing her black and white photos; which in Allison eyes captures the stories of the people within them, making it art (Allison). In this moment one can see how one form of art can be seen as nothing more than a common object depending on perception. Another example of this is how in the 21stShow MoreRelatedHow Plot And Character Affect The Experience Of Tragic Art Essay1497 Words   |  6 PagesHow Plot and Character Affect the Experience of Tragic Art The experience of tragic art can be determined through the plot setup, the type of tragedy, and how the plot appeals to the audience. Aristotle incorporated distinct rules in his passage about how a plot should be arranged. 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Crown Awards, Inc. V. Discount Trophy Co., Inc. Free Essays

Crown Awards, Inc. v. Discount Trophy Co. We will write a custom essay sample on Crown Awards, Inc. V. Discount Trophy Co., Inc. or any similar topic only for you Order Now , Inc. U. S. Court of Appeals, Second Circuit 2009 U. S. App. Lexis 8540 (2009) Material Facts of the Case: Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the Internet. Crown designed and sold a diamond-shaped spinning trophy for which it owned two copyright registrations. Discount Trophy is one of Crown’s competitors, and it sold a trophy that was substantially similar to Crown’s Spin Trophy. Crown requested that Discount discontinue the sale of the alleged copy, and when Discount refused, Crown filed suit in the Southern District of New York. Legal and Ethical Issues of the Case: In order to prevail on a claim of copyright infringement, a plaintiff must demonstrate both ownership of a valid copyright and infringement. â€Å"To establish infringement, the copyright owner must demonstrate that (1) the defendant has actually copied the plaintiff’s work;  and  (2) the copying is illegal because a substantial similarity exists between the defendant’s work and the protectable elements of plaintiff’s. Actual copying may be proved directly or indirectly. Indirect evidence of copying  includes proof that the defendants had access to the copyrighted work and similarities that are probative of copying between the works. † Because direct proof of access is often  impossible to adduce, the law permits a plaintiff to carry his burden on this point t hrough evidence that â€Å"an alleged infringer had a ‘reasonable possibility'† of access to the original work. Notably, â€Å"a court may infer that the alleged infringer had a reasonable possibility of access if the author sent the copyrighted work to a third party intermediary who has a  close relationship  with the infringer. † Access through third parties connected to both a plaintiff and a defendant may be sufficient to prove a defendant’s access to a plaintiff’s work. If a plaintiff cannot demonstrate a reasonable possibility of access, its infringement claim will fail absent proof of a â€Å"striking† similarity between the original and infringing works. We have held that where the works in question are ‘so strikingly similar as to preclude the possibility of independent creation, copying may be proved without a showing of access. ‘†Ã‚  In some cases, the similarities between the plaintiff’s and defendant’s work are so extensive and striking as, without more, both to justify an inference of copying and to prove improper ap propriation. If a plaintiff demonstrates actual copying through proof of a reasonable possibility of access and similarities probative of copying, however, it can prevail on its infringement claim by demonstrating that defendant’s work is â€Å"substantially similar to that which is original in the plaintiff’s expression. † With â€Å"inexact copies,† this assessment proceeds by a comparison of the â€Å"total concept and feel of the contested works† as â€Å"instructed by common sense. The court must â€Å"analyze the two works closely to figure out in what respects, if any, they are similar, and then determine whether these similarities are due to protected aesthetic expressions original to the allegedly infringed work, or whether the similarity is to something in the original that is free for the taking. † Rules and Rationale Utilized by the Court to Resolve the Dispute: The district court found that Crown owned a valid copyright in its diamond-shaped spinning trophy and that Discount had access to Crown’s design through its receipt of Crown’s 2006 catalog and its monitoring of Crown’s products. The district court found, however, that Crown had failed to demonstrate that Xiamen Xihua Arts and Craft, the manufacturer of the allegedly infringing trophy, also had access to Crown’s design because there was no record evidence (1) that Discount asked Xiamen to manufacture a trophy that looked like Crown’s copyrighted trophy, or (2) that Xiamen ever received a Crown catalog. While acknowledging that Crown’s design could be viewed on the Internet after January of 2006, the district court noted that â€Å"there is no evidence in the record about the Internet habits† of Xiamen’s principal. The district court nevertheless inferred access on the part of Xiamen from the â€Å"striking† similarity between the diamond-shaped spinning trophies sold by Crown and Discount. The court further found that the two products were â€Å"substantially† similar and shared the same â€Å"total concept and feel.    The court further found that â€Å"the timing of the order from Discount is . . . suggestive of copying,† insofar as â€Å"the first Discount trophies were ordered from Lin in the mid-summer of 2006, which is perfect timing if you worked forward from the publication of the Crown catalogs in 2006 and assumed that Xiamen got to work on fabricating a knockoff shortly thereafter. The district court concluded: â€Å"I find i ndependent creation to be not only unlikely but absolutely impossible to believe. † Accordingly, it ruled in favor of Crown on its claim of infringement. Court’s Conclusion: The judgments of the district court were affirmed in favor of the plaintiff. Defendant Discount appeals from the judgments of the district court, entered after a two-day bench trial, awarding plaintiff Crown $22,845. 18 in damages and $165,528. 01 in attorney’s fees and costs for Discount’s infringement of Crown’s copyrights in the design of the Spin Trophy. Ethical Impact Analysis: The decision in the court’s ruling emphasizes that copyright infringement is not only illegal, but considered unethical in our society. Copyrights exist for a reason, and particularly against with a registered copyright, deliberate copying of a product for the purpose of making a profit is something that should definitely be challenged and awarded to the copyright owner. The theft of intellectual property, as illustrated in this case, is sometimes difficult to prove, but it seemed clear in this situation that Discount blatantly copied Crown’s spinning trophy. I’m glad to have seen that Crown was awarded not only in damages, but also for their legal fees. How to cite Crown Awards, Inc. V. Discount Trophy Co., Inc., Essay examples

Air pollution free essay sample

Air pollution refers to the introduction of chemicals, particulate matter or biological substances that cause harm or discomfort to human beings, other living organisms and the natural environment into the atmosphere. Air pollution mainly arises from solid particles and chemicals. It may arise from natural processes that impact the atmosphere such as volcanoes, biological decay and dust storms. There are two types of air pollution; primary and secondary pollution. The former happens when pollution occurs directly in the air, for example through smoke and car exhaust fumes while the later forms in the air when chemical reactions change the primary pollutants. An example of secondary pollution is the formation of tropospheric ozone. Since the atmosphere is a complex, dynamic and fragile system, there is a growing concern about the global effects of air pollution especially in matters regarding climate change (Ward 2006, p.1). There are two major sources of air pollution which are classified into two major categories: anthropogenic sources and natural sources. We will write a custom essay sample on Air pollution or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The anthropogenic sources are those caused by human activities and they are mostly related to the burning of different kinds of fuel. Examples of such sources include: smoke stacks from power plants, factories and waste incinerators. On the other hand, natural sources of air pollution are those that don’t result from human activities and they include dust from large areas of land, methane emitted by digestion of food by animals, sulphur and chlorine that is produced by volcanic activities (Dade 1997, p. 71). Total suspended particulates (TSPs) refer to the total number of particles of solid or liquid matter that are found in a sample of ambient air. Examples include soot, dust, aerosols and fumes. The TSPs are usually less than 100 micrometers and they constantly enter the atmosphere from various sources. There are two sources of total suspended particulates; the human sources and the natural sources. The human sources (anthropogenic) include motor vehicle use, combustion products from space heating, industrial processes and power generation. The natural sources of TSPs are soil, bacteria, viruses, fungi, moulds, yeast, pollen and salt particles from evaporating sea water. Total suspended particulates are known to be associated with some health effects and over 99% of the inhaled particulate matter is either exhaled or trapped in the upper areas of the respiratory system after which it is expelled. The remaining particulates enter the windpipe and the lungs where some particulates known as inhalable particulates, cling to the protective mucous and are removed from the body. Mechanisms like coughing also filter out or remove the total suspended particulates and collectively, these pulmonary clearance mechanisms protect the lungs from the majority of the inhalable particles. Some of the smallest particles called the respirable particles can lodge in the lung capillaries and the alveoli to cause the following health effects: (i)Slow down the exchange of oxygen and carbon dioxide in the blood hence causing shortness of breath (ii) Straining of the heart because it has to work extra hard to compensate for the oxygen loss. The most susceptible people to these conditions are those with heart problems, respiratory diseases like emphysema, bronchitis and asthma. The adverse health effects that result from exposure to particulate matter are not noticed immediately after the encounter. Therefore, particulates can accumulate in the lungs after repeated, long term exposure causing respiratory distress and other health problems. The ambient air standard qualities for total suspended particulates are: PM 10(150mg/m3) -2.5(15ug/m3) yearly mean and 65ug/m3 over 24 hours by US EPA, PM25 (10ug/m3) annual mean and 25ug/m3 by WHO (NRC 1998, p.61). Heavy metals refer to metals with a specific gravity which is greater than about 5.0 and is poisonous. Examples of heavy metals include; lead and mercury. Excessive levels of heavy metals are hazardous to man, plants and animals hence it’s important to regulate their levels in waste application sites. Zinc is an essential trace mineral which occurs in greater amounts than any other trace mineral except iron. The best natural sources of Zinc include oysters, meats, wheat germ, hard cheese, poultry, spinach and eggs among others. The anthropogenic sources of Zinc are greater than the natural sources and the most important anthropogenic source comes from discharges that come from smelter slags and wastes. When zinc is taken at doses of 20mg and above, it’s more likely to cause stomach upsets and nausea hence it should always be taken with regulated amounts of food. Long-term zinc supplementation above 50mg has been shown to increase total cholesterol due to an induced copper deficiency. Similarly, large doses of zinc may also promote folate deficiency (Selim 2009, p. 109). The ambient air standard quality for zinc by the European commission is 5ngm-3. Little data is available on the standards of zinc in air from EPA, WHO and UK.