Saving the Energy Crisis, One Elephant at a Time

As one of my last posts as a guest blawger, I thought a classmate from CU Law may be able to shed more light on environmental issues she has been coming across while working all across Africa through Elephant Energy, ("EE"). Currently, because EE is new to the area (in Namibia), my classmates Jen Dill and Ryan Knight are setting up a supply chain, developing locally appropriate rural marketing strategies, exploring micro financing options, developing locally appropriate rural marketing strategies, establishing contacts, and scoping possibilities for a renewable energy shop for the future.

Unfortunately, as is typical, they have come across many obstacles in hoping to get their products implements. For example, they were expecting a shipment of solar torches to arrive in the beginning of September, but found out later that the ship, as well as its cargo, was still in Texas. After finally receiving word that the shipment arrived, they have to wait for the shipment to go through customs, and then for it to be shipped to their rural area. Due to the unreliability and unpredictability, EE also ordered other products to arrive at the end of October through DHL from China. But again, shipping, infrastructure, bureaucratic red tape of customs, and timing are all logistical obstacles that EE faces on a day-to-day basis…. And it’s only the beginning. (“EE”). EE is a non-profit organization hoping to bring electricity to “energy-oppressed” countries through small-scale renewable energy equipment for use in diverse community-based programs, promoting environmental protection, and incentivizing sustainable development.

EE is also trying to involve conservancies, such as the conservancy system in Namibia, which are designed to help communities conserve wildlife and enhance rural development. Originally, EE hoped to sell the solar torches through conservancies, but due to its own bureaucratic structure and differing levels of capacity (and dear I say corruption!), EE is now leaning more towards a market based model. Which begs the question, is capitalism the solution?

While the EE’s struggles do not seem to involve deep environmental legal issues, it seems emblematic of the administrative and bureaucratic issues so prevalent in environmental law. Jen Dill’s pictures of baby elephants and grandiose cascading waterfalls seem to be a small perk in living in the safari. However, with all the hurdles she has faced and will continue to face in promotion of EE’s products and bringing energy to these rural towns, it is clear that she has a long journey towards successfully implementing renewable energy equipment while promoting environmental protection. - Good luck Jen and Ryan!

For more information on Elephant Energy, please visit http://www.elephantenergy.org/

A Treasure Trove of Frida Kahlo's Memories

There seems to be a large collection of Frida Kahlo’s possessions that will be soon up for sale, from her letters, jewelry, to sexual sketches she had made in a notebook. However, as the NYTimes reports, there is a big question of authenticity. While the artist’s copyright protected works may be in jeopardy, the bigger issue is fraud.

The New Yorker had an article a few years ago regarding Jefferson bottles of wine, wines that had belonged to Thomas Jefferson yet to be shipped to the US, that had been alleged to be found in a cellar in France. There were allegations that a famed wine collector was making counterfeit wines and bottling them in the original Jefferson bottles, for which people were paying hundreds of thousands of dollars for.

While many people may not care that these wealthy art and wine enthusiasts are being scammed, to me it seems more important to point out that not only is fraud occurring, but that these fine names of artisans are being diluted with fakes. I seem to oscillate between copyright protection and reinventing copyright law [re: Girl Talk blawg]. However, there is a distinction between fraudulent reproduction for economic gain and a remixing, reincorporation of art to create new art. The latter is not attempting to pass off their appropriation as the original artist’s, but rather their own. So which is worse? The plagiarist or the imitator?

But what will become of sushi night?!

Sure, sure, so many people say they’re sushi snobs and that if they vouch for this restaurant, its because their sushi is so very fresh. While I can’t say that I am a sushi snob, I am a sushi aficionado and grew up at the sushi bar – well, except for all the times that snobby owners thought little kids couldn’t enjoy real sushi so they sat our family at a table. Whether it’s the scrapes leftover to make a spicy tuna roll, a nice piece of tuna, or a delectable meaty slice of toro, tuna is clearly the sushi staple.

Sadly, commercial overfishing has led to the endangerment of giant blue fin tunas. Earlier this summer celebrities attempted to boycott famed Nobu restaurants for serving the endangered fish. [Daily Mail] Small Japanese towns that had wanted stricter regulation on fishing are now worried that their town’s appeal and revenue are in jeopardy. Unfortunately, as is the case with any commercial overfishing example (including the fish used to make McDonald's filet-o-fish sandwiches!) regulating the fishing in international waters is a difficult task, to say the least. [Serious Eats] As Masayuki Komatsu, an expert on the fishing industry at Tokyo’s National Graduate Institute for Policy Studies, stated to the NYTimes, “there are too many entrenched interests whose objective is maximizing profit, not sustainable use.” This seems to illustrate oh-too-common reason our ecosystems are in trouble today. The EU earlier this week failed to decide to protect the endangered species. [Huffington Post] Whether it is politics, wealthy legislators enjoying their own slices of blue fin tuna, or the difficulties in regulating the international waters even if the crowd pleasing fish were placed on a protective list, overfishing is a problem here to stay.

Alas, as for the tuna eaters, so long as sushi prices don’t sky rocket, I’m afraid we, myself included, likely will continue to eat our beloved tuna – over soy sauced. At least we'll have our sake bombs? Gombei!

What do Girl Talk and Disney have in common?

The first time I heard Girl Talk, a mash-up musician, I instantly fell in love with the dance party inducing music, which samples everything from current top pop songs, hip-hop, 1980s pop, 1990s alternative, and classic rock – and many times, all in one song. Remixing Nirvana, Young Jeezy, Lil’ Wayne, Elton John, and Santana in one song is not atypical of Girl Talk’s music. Conveniently, my appreciation for Girl Talk also coincided with my Introduction to Intellectual Property class and copyright laws and questioning the legality. While Girl Talk may hope to avoid lawsuits through using fair use as a defense, seeing that Girl Talk didn’t get permission to sample the 300 songs in his latest “Feed the Animals” album, it comes as no surprise that NYTimes suggested that his music was a lawsuit waiting to happen.

Of course then, when my friend recently told me to watch RiP! A Remix Manifesto, a film by Brett Gaylor concerning copyright law and remixing media by focusing on Girl Talk, I was immediately enthralled. Gaylor criticizes current copyright laws for inhibiting the production of new forms of art while showing that most works are derived, sample, and reference prior art. He then criticizes Disney, who is at the forefront of promoting further restrictions on copyright laws for the protection of their works, because of their own appropriation of stories, images, and music from other works. Disney not only pushed for copyright law to extend the duration of protection, but as the film shows, has also sent numerous seize and desist letters to places such as children's nurseries for having images of Disney characters on their walls.

Days after watching RiP!, I found it extremely ironic when I read an article concerning a lawsuit against Pixar Animation Studios and Walt Disney by a Norwegian lamp maker, Luxo AS. [Bloomberg] Luxo AS brought a copyright infringement claim against Pixar for its hopping desk lamp character. Luxo AS raises a concern that a Pixar lamp packaged with a Disney DVD would confuse customers and dilute the market. While Pixar’s founder admits to have been inspired by his own Luxo lamp, it will be interesting to see how Disney and Pixar will be combating copyright infringement laws that they so adamantly encouraged and sought to enforce.

Although I'm quite positive this is only one of many of infringement suits against Disney, perhaps it'll serve as a rude awakening that the current copyright laws do not adequately protect nor promote art and creativity, which was its original purported purpose.

Introducing Guest Blawger, Ann Lee

I am happy to write Ms. Ann Lee will be blawgging here for the next month. Ann is a new attorney, having just sat the New York state Bar and residing in New York City. Congratulations, Ann! Her current practice interests include Art and Environmental Law.

Ann is a graduate of New York University and the University of Colorado Law School. While studying, Ann acted as Casenote Editor for the Journal of Telecommunications and High Technology Law. While at NYU, Ann studied abroad and is proficient in both Italian and Korean.

Welcome Ann! Am happy you could join us this month and am looking forward to your posts.