RE: A right not to be compelled to create expression?

2013-08-26 Thread Alan Brownstein
9:17 AM To: Law Religion issues for Law Academics Subject: Re: A right not to be compelled to create expression? Eugene invokes Wooley to make the following comparison: If Maynard can't be required to carry the motto 'Live Free or Die' on his car, then a Maynard who is a generally will-take-most

Re: A right not to be compelled to create expression?

2013-08-25 Thread James Oleske
or photographer would still be creating the expression herself, using her own artistic and literary creative judgment. The question, then, is: Should people have a right not to be compelled to create expression they think is wrong, just as they have a right not to be compelled

Re: A right not to be compelled to create expression?

2013-08-25 Thread Alan Hurst
her own artistic and literary creative judgment. The question, then, is: Should people have a right not to be compelled to create expression they think is wrong, just as they have a right not to be compelled to distribute expression they think is wrong? It seems to me

Re: A right not to be compelled to create expression?

2013-08-25 Thread Len
: A right not to be compelled to create expression? I'm pretty sure that Eugene is correct--freelance wedding photographs are generally protected under the category of pictorial, graphic, or sculptural works, and as such are not eligible to be works for hire. (Photographs submitted to magazines

Re: A right not to be compelled to create expression?

2013-08-25 Thread Steven Jamar
, 2013 12:33:30 PM Subject: Re: A right not to be compelled to create expression? I'm pretty sure that Eugene is correct--freelance wedding photographs are generally protected under the category of pictorial, graphic, or sculptural works, and as such are not eligible to be works for hire

Re: A right not to be compelled to create expression?

2013-08-25 Thread Len
: A right not to be compelled to create expression? We've wandered far from religion -- but that is very wrong, Z. You own the copies -- the specific photos that you purchased. And if you photographer gave you negatives (in the old days) or a CD with electronic versions you can copy or print

Re: A right not to be compelled to create expression?

2013-08-25 Thread Steven Jamar
religionlaw@lists.ucla.edu Sent: Sunday, August 25, 2013 2:06:55 PM Subject: Re: A right not to be compelled to create expression? We've wandered far from religion -- but that is very wrong, Z. You own the copies -- the specific photos that you purchased. And if you photographer gave you

Re: A right not to be compelled to create expression?

2013-08-25 Thread Scarberry, Mark
) To: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Subject: Re: A right not to be compelled to create expression? You may be pretty sure, but I'm absolutely certain that the photos I purchased from our wedding photographer, as well as all school and graduation photos, are owned

Re: A right not to be compelled to create expression?

2013-08-25 Thread Len
the obvious Dickensian reference. Thanks for your patience. -Z - Original Message - From: Mark Scarberry mark.scarbe...@pepperdine.edu To: religionlaw@lists.ucla.edu Sent: Sunday, August 25, 2013 6:11:09 PM Subject: Re: A right not to be compelled to create expression? My wife tells

A right not to be compelled to create expression?

2013-08-24 Thread Volokh, Eugene
, then, is: Should people have a right not to be compelled to create expression they think is wrong, just as they have a right not to be compelled to distribute expression they think is wrong? It seems to me that the logic of Wooley should extend equally to both rights. If Maynard can't be required to carry

Re: A right not to be compelled to create expression?

2013-08-24 Thread Marci Hamilton
artistic and literary creative judgment. The question, then, is: Should people have a right not to be compelled to create expression they think is wrong, just as they have a right not to be compelled to distribute expression they think is wrong? It seems to me that the logic

Re: A right not to be compelled to create expression?

2013-08-24 Thread Gaubatz, Derek
: Law Religion issues for Law Academics religionlaw@lists.ucla.edu Subject: Re: A right not to be compelled to create expression? Point of law-- Most freelancers are subject to work for hire agreements that divest copyright and make the purchaser the owner of the speech for all purposes. Marci

Re: A right not to be compelled to create expression?

2013-08-24 Thread Scarberry, Mark
Original message From: Gaubatz, Derek dgaub...@imb.org Date: 08/24/2013 10:57 AM (GMT-08:00) To: 'religionlaw@lists.ucla.edu' religionlaw@lists.ucla.edu Subject: Re: A right not to be compelled to create expression? Actually, the creator is the copyright owner of the work unless

Re: A right not to be compelled to create expression?

2013-08-24 Thread Len
@lists.ucla.edu Sent: Saturday, August 24, 2013 2:23:51 PM Subject: Re: A right not to be compelled to create expression? Professional photographers generally retain copyright to graduation photos, wedding photos, etc., so you have to go back to them for additional prints. At least that's my

RE: A right not to be compelled to create expression?

2013-08-24 Thread Volokh, Eugene
...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marci Hamilton Sent: Saturday, August 24, 2013 10:26 AM To: Law Religion issues for Law Academics Cc: Law Religion issues for Law Academics Subject: Re: A right not to be compelled to create expression? Point of law

Re: A right not to be compelled to create expression?

2013-08-24 Thread Marci Hamilton
: A right not to be compelled to create expression? Point of law-- Most freelancers are subject to work for hire agreements that divest copyright and make the purchaser the owner of the speech for all purposes. Marci A. Hamilton Verkuil Chair in Public Law Benjamin N. Cardozo Law School