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The Insanity of Having To Prove My Work Has Value...AGAIN

amy sullivan July 1, 2024

Exactly two years ago today, Judge Conley’s decision was entered on appeal, and Judgement was granted on the issue of whether my 33 copyrighted illustrations constitute separate works. There are some real gems in this decision and you are welcome to read it HERE Case: 3:15-cv-00298-wmc Document #: 356

Flora appealed this decision for the second time, and the Seventh Circuit’s decisions were mind-boggling to say the least. Now, as I prepare for the second jury trial as to whether my copyright protected works have independent economic value, I am consistently flabbergasted by the raising-of-the-bar for artist’s in the Seventh Circuit as it pertains to Copyright. The Seventh Circuit’s decisions are available here

III. Conclusion

“We will attempt to leave no room for doubt about the scope of this remand.” Bradley, 59 F.4th at 905. We reverse the district court’s grant of summary judgment both for violating our mandate and improperly weighing evidence—this case will now proceed to trial on the question of damages. The scope of our remand (and the trial) is narrow and is limited to determining whether Sullivan’s illustrations “constitute 33 in- dividual works or instead are parts of two compilations (corresponding with the two advertising campaigns in which Flora used the illustrations).” Flora I, 936 F.3d at 568–69.

Determining whether the individual works are part of a compilation is a threshold statutory damages question. The fact-finder’s determination may be that only the two compilations have independent economic value, all 33 individual illustrations have independent economic value, or somewhere in the middle. At trial, Flora is not prohibited from “nitpicking” specific aspects of the 33 illustrations to show that they lack independent economic value. Arguments Flora raised here, and during summary judgment below, that directly relate to the independent economic value test are within the scope of remand and are not waived. But Flora is not permitted to relitigate the issues of infringement or joint authorship. These issues have already been decided by a jury and fall outside the scope of our remand.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

Investigating Additives and Toxins in Our Food- Xanthum Gum →
 

Amy Sullivan, Making it weird since 1976

ARCHIVE

  • amy sullivan
    • Aug 6, 2024 The Trial, the Witch Wound, and Moving Towards Personal Empowerment
    • Aug 1, 2024 Worthless Art Store?
    • Jul 29, 2024 Why does the 7th Circuit's Sullivan v. Flora Inc. Matter?
    • Jul 29, 2024 Go Fund Me, and Getting Back on the Social Media Horse.
    • Jun 24, 2024 What Can be Done About Our Planet's Collapsing Fish Populations?
    • Jun 2, 2024 Xanthum Gum: Eliminating Unnecessary Toxins and Chemicals in Food
    • May 31, 2024 Xylitol: Eliminating Unnecessary Toxins and Chemicals in Food
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Your donation helps keep an artist in the ring and she wraps up the final round of a ten year lawsuit fighting for artists' rights. Thank you for your help fighting the good fight!


NEW STUFF!

WORTHLESS ART STORE

Worthless Gift Card for Worthless Art Worthless Gift Card for Worthless Art Worthless Gift Card for Worthless Art Worthless Gift Card for Worthless Art
Worthless Gift Card for Worthless Art
from $50.00

HUMANS UNITE! Sullivan's Worthless Gift Card for Worthless Art directly supports Sullivan in her fight for artist’s rights stemming from corporate copyright infringement!

The corporation that profited from this work claims that it has no value. The corporation is not the authority, WE ARE! Thank you for sharing and showing your love support! Funds raised from Worthless Art support the worthless artist during her fight.

This is a tiny micro REVOLUTION! The lic fee I am offering here is purely symbolic and protects the potential value of new and emerging artists whose rights are just as important as established artists. Emerging and obscure artists works are often more vulnerable to corporate exploitation and the purchase of this license promotes the spirit of copyright law for everyone!

I have intentionally limited the licensure and sale of works that are at issue in this case because doing so could result in case law requiring artists works to have “market value” in order to receive statutory protections under US Copyright law.

By licensing directly from the artist, you are creating something out nothing. In other words, you are making MAGIC and that's awesome! Thank you for being you!

This is a Digital item and must be downloaded. You will not receive a hard copy in the post. Due to their nature, digital items cannot be returned or refunded. Please don't hesitate to contact me if you have a problem downloading or are suffering from supporters remorse.


LAME DISCLOSURES I WOULDN’T HAVE TO SAY IF IT WEREN”T FOR YOU KNOW WHO;)
This art is strictly for PERSONAL (and REVOLUTIONARY) USE ONLY. You are not permitted to resell this digital file in whole or in part, original or modified. You are not permitted to distribute for sale. If interested in a commercial license please contact me, (unless you are a parasitic corporation, in which case you can kindly kiss off:) Thank you so much for supporting independent artists! The world needs more people like you.

Thanks so much for supporting artists and sending the message that we won’t let corporations bully us into submission:)

Provide Sustenance during trial week!
Provide Sustenance during trial week!
$22.00

HUMANS UNITE! Provide Sustenance during trial week! Your support during trial week will provide Sullivan with the energy and nutrients she needs for her fight for artist’s rights stemming from corporate copyright infringement!

The corporation that profited from this work claims that it has no “independent economic value” despite using it independently for their own economic gain. The corporation is not the authority, WE ARE! Thank you for sharing and showing your love support! Funds raised from Worthless Art support the worthless artist during her fight.

This is a tiny REVOLUTION! I’ve intentionally limited licensure and selling my work that is at issue in this case because doing so could result in case law requiring artists works to have “market value” in order to receive statutory protections under US Copyright law. By licensing the worthless art, you are creating something out nothing. In other words, you are making MAGIC!

This is a Digital lic. You will not receive a hard copy in the post. Due to their nature, digital items cannot be returned or refunded. Please don't hesitate to contact me if you have a problem downloading or are suffering from supporters remorse.


LAME DISCLOSURES I WOULDN’T HAVE TO SAY IF IT WEREN”T FOR YOU KNOW WHO;)
This art is strictly for PERSONAL USE ONLY. You are not permitted to resell this digital file in whole or in part, original or modified. You are not permitted to distribute for sale. If interested in a commercial license please contact me, (unless you are parasitic corporation founded on theft, in which case you can kindly kiss off!). Thank you so much for supporting independent artists! The world needs more people like you.

Detox Naturally with Healing Herbs Worthless Art
Detox Naturally with Healing Herbs Worthless Art
$1.00

HUMANS UNITE! Sullivan's Detox Naturally with Healing Herbs digital file for web use, social media, or for standing with Sullivan in her fight for artist’s rights stemming from corporate copyright infringement!

The corporation that profited from this work claims that it has no value. The corporation is not the authority, WE ARE! Thank you for sharing and showing your love support! Funds raised from Worthless Art support the worthless artist during her fight.

This is a tiny micro REVOLUTION! The lic fee I am offering here is purely symbolic and protects the potential value of new and emerging artists whose rights are just as important as established artists. Emerging and obscure artists works are often more vulnerable to corporate exploitation and the purchase of this license promotes the spirit of copyright law for everyone!

I have intentionally limited the licensure and sale of works that are at issue in this case because doing so could result in case law requiring artists works to have “market value” in order to receive statutory protections under US Copyright law.

By licensing directly from the artist, you are creating something out nothing. In other words, you are making MAGIC and that's awesome! Thank you for being you!

This is a Digital item and must be downloaded. You will not receive a hard copy in the post. Due to their nature, digital items cannot be returned or refunded. Please don't hesitate to contact me if you have a problem downloading or are suffering from supporters remorse.


LAME DISCLOSURES I WOULDN’T HAVE TO SAY IF IT WEREN”T FOR YOU KNOW WHO;)
This art is strictly for PERSONAL (and REVOLUTIONARY) USE ONLY. You are not permitted to resell this digital file in whole or in part, original or modified. You are not permitted to distribute for sale. If interested in a commercial license please contact me, (unless you are a parasitic corporation, in which case you can kindly kiss off:) Thank you so much for supporting independent artists! The world needs more people like you.

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