Felicia Caponigri - Academia.edu (original) (raw)
Papers by Felicia Caponigri
Social Science Research Network, May 28, 2021
Aedon, 2017
Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono ri... more Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono riservati. Per altre informazioni si veda https://www.rivisteweb.it Licenza d'uso L'articoloè messo a disposizione dell'utente in licenza per uso esclusivamente privato e personale, senza scopo di lucro e senza fini direttamente o indirettamente commerciali. Salvo quanto espressamente previsto dalla licenza d'uso Rivisteweb,è fatto divieto di riprodurre, trasmettere, distribuire o altrimenti utilizzare l'articolo, per qualsiasi scopo o fine. Tutti i diritti sono riservati.
Icon-international Journal of Constitutional Law, Jan 27, 2022
Part of the Estates and Trusts Commons, Family Law Commons, and the Foreign Law Commons This Note... more Part of the Estates and Trusts Commons, Family Law Commons, and the Foreign Law Commons This Note is brought to you for free and open access by the Law School Journals at NDLScholarship. It has been accepted for inclusion in Notre Dame
Social Science Research Network, 2017
This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper ... more This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper presents the Varsity case within the context of its changing perception of the function of Fashion, the case’s core issue. Depending upon how the utilitarian function of a cheerleading uniform is understood in this particular case, the paper argues, Fashion design overall is more or less likely to be understood as conceptually separable and therefore as copyrightable subject matter. If Fashion design through the lens of the Varsity case is conceptually separable, then Fashion design might more easily be understood as a repository of historically relevant and culturally significant information while also, however, providing a springboard for a Fashion design monopoly. On the other hand, if Fashion design through the lens of the Varsity case is deemed an inextricable part of a useful article and not conceptually separable, it will cease to be a potential tool for a monopoly in Fashion design, but its ability to be legally conceived as works on par with more traditional pictorial, graphic and sculptural works will be compromised. In this sense, the paper sees an explicit relationship between imaginary and practicality at play in the Varsity case: an imaginative view of Fashion may lead to an effect grant of monopolies on the market.
Icon-international Journal of Constitutional Law, Jan 27, 2022
The role of cultural heritage-that complex of tangible and intangible testaments to our common ci... more The role of cultural heritage-that complex of tangible and intangible testaments to our common civilization-has pervaded our common consciousness for centuries. As our communities have remained in place, gone to war with one another, lived in peace, or encountered unexpected challenges and forces of nature, questions surrounding our heritage have played an important role. Today, as the first ever G20 ministerial meeting dedicated to cultural heritage in July 2021 clearly demonstrated, cultural heritage stands at the center of global postpandemic recoveries, strategies for sustainable growth, and cooperation and dialogue across communities and governments that are meant to support the flourishing of our individual and collective identities. 1 With cultural heritage's prioritization, however, comes an increased need to address the questions it inevitably presents. What heritage defines us and what does it teach us about our past? What heritage truly embodies our traditions and identity? Where does that heritage belong and how do we access it, or even understand it? How are we to recognize and valorize our heritage in times of crisis? What heritage, if any, do we give up and what heritage do we keep? Since the turn of the twenty-first century and the rise of technology's use to preserve and disseminate our cultural heritage, the questions cultural heritage poses to us have become ever more pressing and significant. Cultural heritage is distributedboth tangibly and intangibly-across territorial borders outside its original context, to become part of new narratives, thereby participating in the reconstruction of
Case Western Reserve Journal of International Law, Aug 20, 2017
Journal of Intellectual Property Law & Practice
Tripp Mickle (n 1). The article notes that 'More than a dozen archivists and scholars who spoke t... more Tripp Mickle (n 1). The article notes that 'More than a dozen archivists and scholars who spoke to The New York Times questioned even calling it an archive'. 4 The Steve Jobs Archive (n 2). 5 Tripp Mickle (n 1). 6 Thus far, the term 'archival authenticity' has most often been used in an IP and technology space to refer to the nuances of authenticating documents in the digital era, and in the context of how technology, such as the blockchain, can be a partner in ascertaining authenticity.
Social Science Research Network, May 28, 2021
This dissertation identifies a question which is undervalued, underexplored, and under-asked with... more This dissertation identifies a question which is undervalued, underexplored, and under-asked within the complex of laws that apply to fashion and in legal scholarship exploring fashion: how are fashion design objects cultural property? It answers this question by looking to modern and contemporary Italian fashion design objects as a case study, primarily because the history of Italian fashion, the current activities of Italian fashion brands, and Italian cultural property law provide ready examples and tools through which to answer the question. Bypassing the more common question of whether fashion is art, the dissertation asks how fashion design objects might be of historic, artistic, or other cultural interest for the public under the law such that they may be preserved and valorized like other cultural properties. The first chapter gives a history of Italian fashion, spotlighting relevant key historical moments and constant tensions through Italian fashion history, including the ...
In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitche... more In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitchell Acton, an American banking heiress, donated his family home, Villa La Pietra, to New York University. Today, this Tuscan villa is at the center of a declaration of paternity lawsuit and a claim of inheritance brought by Liana Beacci, Arthur Acton’s daughter by his Italian secretary. In this Note, Felicia Caponigri presents the facts of the case, focusing on the provenance of the Villa, and the procedural posture of the case. Caponigri applies Italian law to argue that NewYork University might claim clear title to the Villa if Hortense’s father gave her the Villa, or if Hortense set up a legal entity in which she placed title to Villa La Pietra. Caponigri also argues the Beacci might have a colorable claim if Hortense and Arthur Acton acquired the Villa together.
Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono ri... more Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono riservati. Per altre informazioni si veda https://www.rivisteweb.it Licenza d'uso L'articoloè messo a disposizione dell'utente in licenza per uso esclusivamente privato e personale, senza scopo di lucro e senza fini direttamente o indirettamente commerciali. Salvo quanto espressamente previsto dalla licenza d'uso Rivisteweb,è fatto divieto di riprodurre, trasmettere, distribuire o altrimenti utilizzare l'articolo, per qualsiasi scopo o fine. Tutti i diritti sono riservati.
SSRN Electronic Journal, 2017
This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper ... more This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper presents the Varsity case within the context of its changing perception of the function of Fashion, the case’s core issue. Depending upon how the utilitarian function of a cheerleading uniform is understood in this particular case, the paper argues, Fashion design overall is more or less likely to be understood as conceptually separable and therefore as copyrightable subject matter. If Fashion design through the lens of the Varsity case is conceptually separable, then Fashion design might more easily be understood as a repository of historically relevant and culturally significant information while also, however, providing a springboard for a Fashion design monopoly. On the other hand, if Fashion design through the lens of the Varsity case is deemed an inextricable part of a useful article and not conceptually separable, it will cease to be a potential tool for a monopoly in Fashion design, but its ability to be legally conceived as works on par with more traditional pictorial, graphic and sculptural works will be compromised. In this sense, the paper sees an explicit relationship between imaginary and practicality at play in the Varsity case: an imaginative view of Fashion may lead to an effect grant of monopolies on the market.
The role of cultural heritage-that complex of tangible and intangible testaments to our common ci... more The role of cultural heritage-that complex of tangible and intangible testaments to our common civilization-has pervaded our common consciousness for centuries. As our communities have remained in place, gone to war with one another, lived in peace, or encountered unexpected challenges and forces of nature, questions surrounding our heritage have played an important role. Today, as the first ever G20 ministerial meeting dedicated to cultural heritage in July 2021 clearly demonstrated, cultural heritage stands at the center of global postpandemic recoveries, strategies for sustainable growth, and cooperation and dialogue across communities and governments that are meant to support the flourishing of our individual and collective identities. 1 With cultural heritage's prioritization, however, comes an increased need to address the questions it inevitably presents. What heritage defines us and what does it teach us about our past? What heritage truly embodies our traditions and identity? Where does that heritage belong and how do we access it, or even understand it? How are we to recognize and valorize our heritage in times of crisis? What heritage, if any, do we give up and what heritage do we keep? Since the turn of the twenty-first century and the rise of technology's use to preserve and disseminate our cultural heritage, the questions cultural heritage poses to us have become ever more pressing and significant. Cultural heritage is distributedboth tangibly and intangibly-across territorial borders outside its original context, to become part of new narratives, thereby participating in the reconstruction of
Home Indice Ricerca Risorse web Sulla tutela del patrimonio culturale
This Article explores the role that heritage has on our understanding of the appropriateness of i... more This Article explores the role that heritage has on our understanding of the appropriateness of intellectual property protection for fashion designs in light of Christopher Sprigman and Kal Raustiala's seminal work in The Piracy Paradox. At times, heritage seems to both reinforce Sprigman and Raustiala's argument that fashion thrives in a low-IP regime and, at other times, heritage challenges that argument. Taking Italian fashion design as a case study, this Article considers the intersection of brand heritage, cultural heritage, and intellectual property law and makes three central observations. First, that fashion designs reflecting brand heritage thrive in a low-IP regime. Second, that fashion designs might only benefit from a higher-IP regime in instances where we understand fashion designs not as brand heritage alone, but as part of a wider cultural heritage. Finally, understanding the relationship between copyright law and cultural heritage law is central to exploring how a higher-IP regime might benefit fashion designs today.
Social Science Research Network, May 28, 2021
Aedon, 2017
Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono ri... more Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono riservati. Per altre informazioni si veda https://www.rivisteweb.it Licenza d'uso L'articoloè messo a disposizione dell'utente in licenza per uso esclusivamente privato e personale, senza scopo di lucro e senza fini direttamente o indirettamente commerciali. Salvo quanto espressamente previsto dalla licenza d'uso Rivisteweb,è fatto divieto di riprodurre, trasmettere, distribuire o altrimenti utilizzare l'articolo, per qualsiasi scopo o fine. Tutti i diritti sono riservati.
Icon-international Journal of Constitutional Law, Jan 27, 2022
Part of the Estates and Trusts Commons, Family Law Commons, and the Foreign Law Commons This Note... more Part of the Estates and Trusts Commons, Family Law Commons, and the Foreign Law Commons This Note is brought to you for free and open access by the Law School Journals at NDLScholarship. It has been accepted for inclusion in Notre Dame
Social Science Research Network, 2017
This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper ... more This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper presents the Varsity case within the context of its changing perception of the function of Fashion, the case’s core issue. Depending upon how the utilitarian function of a cheerleading uniform is understood in this particular case, the paper argues, Fashion design overall is more or less likely to be understood as conceptually separable and therefore as copyrightable subject matter. If Fashion design through the lens of the Varsity case is conceptually separable, then Fashion design might more easily be understood as a repository of historically relevant and culturally significant information while also, however, providing a springboard for a Fashion design monopoly. On the other hand, if Fashion design through the lens of the Varsity case is deemed an inextricable part of a useful article and not conceptually separable, it will cease to be a potential tool for a monopoly in Fashion design, but its ability to be legally conceived as works on par with more traditional pictorial, graphic and sculptural works will be compromised. In this sense, the paper sees an explicit relationship between imaginary and practicality at play in the Varsity case: an imaginative view of Fashion may lead to an effect grant of monopolies on the market.
Icon-international Journal of Constitutional Law, Jan 27, 2022
The role of cultural heritage-that complex of tangible and intangible testaments to our common ci... more The role of cultural heritage-that complex of tangible and intangible testaments to our common civilization-has pervaded our common consciousness for centuries. As our communities have remained in place, gone to war with one another, lived in peace, or encountered unexpected challenges and forces of nature, questions surrounding our heritage have played an important role. Today, as the first ever G20 ministerial meeting dedicated to cultural heritage in July 2021 clearly demonstrated, cultural heritage stands at the center of global postpandemic recoveries, strategies for sustainable growth, and cooperation and dialogue across communities and governments that are meant to support the flourishing of our individual and collective identities. 1 With cultural heritage's prioritization, however, comes an increased need to address the questions it inevitably presents. What heritage defines us and what does it teach us about our past? What heritage truly embodies our traditions and identity? Where does that heritage belong and how do we access it, or even understand it? How are we to recognize and valorize our heritage in times of crisis? What heritage, if any, do we give up and what heritage do we keep? Since the turn of the twenty-first century and the rise of technology's use to preserve and disseminate our cultural heritage, the questions cultural heritage poses to us have become ever more pressing and significant. Cultural heritage is distributedboth tangibly and intangibly-across territorial borders outside its original context, to become part of new narratives, thereby participating in the reconstruction of
Case Western Reserve Journal of International Law, Aug 20, 2017
Journal of Intellectual Property Law & Practice
Tripp Mickle (n 1). The article notes that 'More than a dozen archivists and scholars who spoke t... more Tripp Mickle (n 1). The article notes that 'More than a dozen archivists and scholars who spoke to The New York Times questioned even calling it an archive'. 4 The Steve Jobs Archive (n 2). 5 Tripp Mickle (n 1). 6 Thus far, the term 'archival authenticity' has most often been used in an IP and technology space to refer to the nuances of authenticating documents in the digital era, and in the context of how technology, such as the blockchain, can be a partner in ascertaining authenticity.
Social Science Research Network, May 28, 2021
This dissertation identifies a question which is undervalued, underexplored, and under-asked with... more This dissertation identifies a question which is undervalued, underexplored, and under-asked within the complex of laws that apply to fashion and in legal scholarship exploring fashion: how are fashion design objects cultural property? It answers this question by looking to modern and contemporary Italian fashion design objects as a case study, primarily because the history of Italian fashion, the current activities of Italian fashion brands, and Italian cultural property law provide ready examples and tools through which to answer the question. Bypassing the more common question of whether fashion is art, the dissertation asks how fashion design objects might be of historic, artistic, or other cultural interest for the public under the law such that they may be preserved and valorized like other cultural properties. The first chapter gives a history of Italian fashion, spotlighting relevant key historical moments and constant tensions through Italian fashion history, including the ...
In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitche... more In 1994 Harold Acton, son of Arthur Acton, an English art dealer in Florence, and Hortense Mitchell Acton, an American banking heiress, donated his family home, Villa La Pietra, to New York University. Today, this Tuscan villa is at the center of a declaration of paternity lawsuit and a claim of inheritance brought by Liana Beacci, Arthur Acton’s daughter by his Italian secretary. In this Note, Felicia Caponigri presents the facts of the case, focusing on the provenance of the Villa, and the procedural posture of the case. Caponigri applies Italian law to argue that NewYork University might claim clear title to the Villa if Hortense’s father gave her the Villa, or if Hortense set up a legal entity in which she placed title to Villa La Pietra. Caponigri also argues the Beacci might have a colorable claim if Hortense and Arthur Acton acquired the Villa together.
Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono ri... more Ente di afferenza: () Copyright c by Società editrice il Mulino, Bologna. Tutti i diritti sono riservati. Per altre informazioni si veda https://www.rivisteweb.it Licenza d'uso L'articoloè messo a disposizione dell'utente in licenza per uso esclusivamente privato e personale, senza scopo di lucro e senza fini direttamente o indirettamente commerciali. Salvo quanto espressamente previsto dalla licenza d'uso Rivisteweb,è fatto divieto di riprodurre, trasmettere, distribuire o altrimenti utilizzare l'articolo, per qualsiasi scopo o fine. Tutti i diritti sono riservati.
SSRN Electronic Journal, 2017
This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper ... more This paper is a working case commentary of Star Athletica, LLC v. Varsity Brands, Inc. The paper presents the Varsity case within the context of its changing perception of the function of Fashion, the case’s core issue. Depending upon how the utilitarian function of a cheerleading uniform is understood in this particular case, the paper argues, Fashion design overall is more or less likely to be understood as conceptually separable and therefore as copyrightable subject matter. If Fashion design through the lens of the Varsity case is conceptually separable, then Fashion design might more easily be understood as a repository of historically relevant and culturally significant information while also, however, providing a springboard for a Fashion design monopoly. On the other hand, if Fashion design through the lens of the Varsity case is deemed an inextricable part of a useful article and not conceptually separable, it will cease to be a potential tool for a monopoly in Fashion design, but its ability to be legally conceived as works on par with more traditional pictorial, graphic and sculptural works will be compromised. In this sense, the paper sees an explicit relationship between imaginary and practicality at play in the Varsity case: an imaginative view of Fashion may lead to an effect grant of monopolies on the market.
The role of cultural heritage-that complex of tangible and intangible testaments to our common ci... more The role of cultural heritage-that complex of tangible and intangible testaments to our common civilization-has pervaded our common consciousness for centuries. As our communities have remained in place, gone to war with one another, lived in peace, or encountered unexpected challenges and forces of nature, questions surrounding our heritage have played an important role. Today, as the first ever G20 ministerial meeting dedicated to cultural heritage in July 2021 clearly demonstrated, cultural heritage stands at the center of global postpandemic recoveries, strategies for sustainable growth, and cooperation and dialogue across communities and governments that are meant to support the flourishing of our individual and collective identities. 1 With cultural heritage's prioritization, however, comes an increased need to address the questions it inevitably presents. What heritage defines us and what does it teach us about our past? What heritage truly embodies our traditions and identity? Where does that heritage belong and how do we access it, or even understand it? How are we to recognize and valorize our heritage in times of crisis? What heritage, if any, do we give up and what heritage do we keep? Since the turn of the twenty-first century and the rise of technology's use to preserve and disseminate our cultural heritage, the questions cultural heritage poses to us have become ever more pressing and significant. Cultural heritage is distributedboth tangibly and intangibly-across territorial borders outside its original context, to become part of new narratives, thereby participating in the reconstruction of
Home Indice Ricerca Risorse web Sulla tutela del patrimonio culturale
This Article explores the role that heritage has on our understanding of the appropriateness of i... more This Article explores the role that heritage has on our understanding of the appropriateness of intellectual property protection for fashion designs in light of Christopher Sprigman and Kal Raustiala's seminal work in The Piracy Paradox. At times, heritage seems to both reinforce Sprigman and Raustiala's argument that fashion thrives in a low-IP regime and, at other times, heritage challenges that argument. Taking Italian fashion design as a case study, this Article considers the intersection of brand heritage, cultural heritage, and intellectual property law and makes three central observations. First, that fashion designs reflecting brand heritage thrive in a low-IP regime. Second, that fashion designs might only benefit from a higher-IP regime in instances where we understand fashion designs not as brand heritage alone, but as part of a wider cultural heritage. Finally, understanding the relationship between copyright law and cultural heritage law is central to exploring how a higher-IP regime might benefit fashion designs today.