Law Library Legal Tech Institute Publishes 2019 Course Catalog

The Harris County Law Library’s Legal Tech Institute today released the 2019 Course Catalog for its Hands-on Legal Tech Training Program. This year, law librarians will teach nine courses on rotation at the Law Library’s Legal Tech Lab. Each course will focus on tech skills needed for legal work in a digital environment. Training sessions are free and open to all, and most carry free continuing legal education credit for Texas attorneys courtesy of the CLE Committee for the Office of Vince Ryan, Harris County Attorney.

“Since the Law Library joined our Office, we have worked to make it a destination where all residents of Harris County can connect with their government and access legal information,” County Attorney Ryan said. “I encourage everyone to take advantage of the free educational programs at the Law Library and to never hesitate to ask to use ‘our’ resources – they are your resources.”

Two instructors lead small classes of nine participants to ensure an interactive environment where students can ask questions and practice skills as they learn. Laptops funded by a 2017 grant from the Texas Bar Foundation are provided or participants can bring their own devices. Each class also touches on skills for all in attendance, from beginners to pros.

“Technology has clearly been a disruptive force in the legal community,” Legal Tech Institute Director Joe Lawson said. “While that presents competitive opportunities for some, it also creates barriers for others. For example, solo attorneys and self-represented litigants, who do not have in-house trainers and support staff like large law firms, may find it difficult to learn each new legal research platform or to use Microsoft Word in a way that complies with the new, tech-heavy procedural rules. As a public law library, our mission is to eliminate barriers to legal information. Offering these free, hands-on training opportunities to all is a big step in the right direction.”

Visit the Legal Tech Institute website at www.harriscountylawlibrary.org/tech to download a copy of the Course Catalog and to register for an upcoming training session. Anyone who is unable to register on the website can find assistance from 8 a.m. to 7 p.m. Monday through Friday at the Law Library’s reference desk, located at 1019 Congress Street, 1st floor, Houston, Texas 77002, or by phone at (713)755-8153.

Fashion Law: A New Frontier

Law librarian uniform, standard issue.

Law librarian uniform, standard issue.

Law librarians are no strangers to fashion. Anyone familiar with our cardigan game knows what I’m talking about. Increasingly, other lawyers are catching up, with fashion law rapidly expanding as both a practice area and a field of general interest.

What even is fashion law? It covers everything from intellectual property, to business, to international human rights.

Classic cinema.

Classic cinema.

Traditionally, fashion has enjoyed only limited intellectual property protection in the United States, where clothing design has been considered such an essential (or maybe inessential, depending who you ask) part of culture development that copycats have been encouraged by the market and the lack of legal constraints. Readers may recall the classic scene in “The Devil Wears Prada,” when Runway Magazine editor Miranda explains this phenomenon to fashion neophyte Andy, who had no understanding of the lofty origins of her "lumpy blue sweater."

A recent Supreme Court ruling, however, has shifted the conversation. In Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. ___ (2017), the Court held that graphic designs applied to useful articles can be subject to copyright, even if those designs are apparently essential to the usefulness of the article. This ruling certainly favors large shops with the resources to create novel designs, register them with the Copyright Office, and litigate against smaller operations with fewer resources. However, it also means that independent artists will now have recourse when their designs are mass produced without permission by behemoths like Walmart or Urban Outfitters.

The cheerleader uniforms at the heart of the Star Athletica case.

The cheerleader uniforms at the heart of the Star Athletica case.

View of the Dhaka, Bangladesh river walk.

View of the Dhaka, Bangladesh river walk.

The fashion industry is using the law to combat human rights abuses long associated with “fast fashion.” An international organization called Fashion Revolution is leading the charge to provide safe working conditions and fair wages for everyone employed by the industry, including floor shop laborers in developing nations. International scrutiny of these issues increased significantly in the wake of the November 2012 Tazreen Fashion factory fire, which killed at least 117 workers in Dhaka, Bangladesh.

Attorneys and legal professionals can now obtain specialized degrees in fashion law. The Fashion Law Institute at Fordham Law School offers both an LLM and MSL in this burgeoning space, as well as two CLE “bootcamp” events, one in New York and the other in San Francisco.

Interested to learn more? Check out The Fashion Law, which tracks legal developments in the fashion industry.

Not Your Granddaddy's IP

Even beatniks have rights.

Even beatniks have rights.

Read a good book lately? If you flipped a few pages in, you probably saw a small copyright notice. Watched an episode of Shark Tank? You may have heard an inventor excitedly describe their patents, trying to start a bidding war. Planning to tune into the Super Bowl? The sheer volume of registered trademark symbols on the logos might make you light-headed before halftime.

As content consumers, we are generally familiar with the intellectual property protections available to writers, musicians, product developers, and sports leagues. But what about less mainstream creators? While some find remedy in the law, others must carve out protections elsewhere.

Consider hair. Styling is an art, and hairdos all across the country are crafted by experienced, licensed practitioners who apprenticed and studied their way behind the chair. Occasionally, a stylist will be lucky enough to create an iconic look such as the beehive, the fade, the moptop, the undercut, or the Rachel. These artists may not always be able to protect their intellectual property in the actual haircut, but they can certainly patent any technology they have invented to help you achieve that perfect look. For example the Bumpit, as seen on TV, patented since 2009.

Anyone can make a cheese cracker, but woe unto he who incurs the wrath of Pepperidge Farms by shaping that cheese cracker like a fish.

Meanwhile, in restaurants, chefs are having a moment as the internet and basic cable spread foodie particularity to every hamlet with a Main Street. Many people are surprised to discover these innovators possess few legal rights to their creations, as recipes are considered such a basic aspect of culture that they are not subject to copyright or patent. No wonder many chefs are increasingly protective of their food presentation, one creative aspect they argue they can protect, as dining rooms increasingly move to ban food photography in an attempt to safeguard their designer plating. Lawsuits regarding plating are increasingly common in America and around the world, as a chef’s unique vision can be spread from one continent to another before you can say “Instagram.”

Famous clown Emmett Kelly has been depicted on an egg, despite having been an American.

Famous clown Emmett Kelly has been depicted on an egg, despite having been an American.

In the United Kingdom, clowns have long banded together as a community to avoid redundancy in their individual face makeup design, by maintaining a privately held registry… of painted eggs. These eggs, each expertly illustrated by hand in the unique style of Britain’s most accomplished clowns, are kept on public display in an East End museum, housed inside a church. The collection is known to merrymakers worldwide simply as “The Clown’s Gallery.” An egg registry now also exists in the United States, where intellectual property rights in clown makeup are similarly unestablished. The world of clowning is relatively small, so this type of cooperative norms enforcement works more effectively than contentious, and potentially unaffordable, litigation.

Clubs such as LA's iconic The Comedy Store are sometimes said to display a special light to comics on stage when a known joke thief enters the building.

Clubs such as LA's iconic The Comedy Store are sometimes said to display a special light to comics on stage when a known joke thief enters the building.

The laughs are just as hearty, but the stakes much steeper, in the high dollar world of stand-up comedy. The guy chasing yuks at your local pub may rake in $50 on a good night, but at the top of the heap comedy generates millions every year for television executives, late night hosts, and elite comics. A top, household name professional comic might produce 20 minutes of solid material in a year. Therefore, the theft of even a single joke can represent a substantial portion of a comic’s annual output. (That George Carlin was able to churn out hour long specials year after year is part of why he will always be considered a comedy god.) A mere ten years ago, disputes over joke theft were likely to be handled almost entirely through community enforced methods such as banishment from clubs, or even getting roughed up in the parking lot. But as the monetary value of jokes continues to increase, lawsuits over joke theft are beginning to dot the landscape, and judges are holed up in their chambers contemplating the relative originality of competing Caitlyn Jenner jokes.

Mike Tyson's famous tattoo that started it all.

Mike Tyson's famous tattoo that started it all.

Finally, tattoos used to be an ultimate mark of life on the cultural fringe (one of P.T. Barnum’s “freaks” literally just had a bunch of tattoos), but these days about 1/3 of American adults sport some ink. While tattoo artists expect their work to wander the world in full public view, they are reticent to allow others to profit off their designs. In one suit that settled, the creator of Mike Tyson’s iconic tribal face tattoo sued the producers of the hit film “The Hangover 2” for precisely replicating his work, as a key plot point, without permission. As a result of this and similar actions, many celebrities who hope their distinctive ink will become part of their personal brand now seek copyright waivers from their tattoo artists as a standard part of the transaction.

Learn more about the weird world of intellectual property on the margins through these links: