Tags: barry sookman canada
communication to the public Copyright fair dealing fair dealing for edcuation Re: Sound SOCAN royalties
Tags: authorization barry sookman
communication to the public Copyright fair dealing Fair Use idea expression dichotomy Reproduction
Not exact matches
Says Katz, «Even if everything happened in Canada and would be subject
to communication with the
public by telecommunication, the fact that one crucial aspect of the activity takes place in the U.S. makes it unclear whose
copyright laws apply.»
Entrants agree
to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore
Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited
to negligence and damages of any kind
to persons and property, including but not limited
to invasion of privacy (under appropriation, intrusion,
public disclosure of private facts, false light in the
public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark,
copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating
to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.
You will not, and will not allow or authorize others
to, use the Services, the Sites or any Materials therein
to take any actions that: (i) infringe on PetSmart Charities» or any third party's
copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred
to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry
to any machine accessible via the Services or interference with the Sites or any servers or networks connected
to the Sites or disobey any requirements, procedures, policies or regulations of networks connected
to the Sites, or attempt
to breach the security of or disrupt Internet
communications on the Sites (including without limitation accessing data
to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt
to gain access
to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability
to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology
to intercept, decode, mine or display any packets used
to communicate between the Sites» servers or any data not intended for you; (xiii) attempt
to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary
to PetSmart Charities»
public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.
You will not, and will not allow or authorize others
to, use the Services or the Sites
to take any actions that: (i) infringe on any third party's
copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry
to any machine accessible via the Services or interfere with the Sites or any servers or networks connected
to the Sites or disobey any requirements, procedures, policies or regulations of networks connected
to the Sites, or attempt
to breach the security of or disrupt Internet
communications on the Sites (including without limitation accessing data
to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt
to gain access
to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology
to intercept, decode, mine or display any packets used
to communicate between the Sites» servers or any data not intended for you; (xiii) attempt
to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary
to the Animal League's
public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.
For the reproduction, distribution and / or
public communication a license should be required whether
to the
copyright holders or the entities that represent them.
Neighbouring rights [1], rights near
to copyright, in this context are rights to «equitable remuneration» in published sound recordings (performers and makers) for the performance in public or the communication to the public by telecommunication in Canada of their recordings under Section 19 of the Copyright Act, R.S.C. 1985, c
copyright, in this context are rights
to «equitable remuneration» in published sound recordings (performers and makers) for the performance in
public or the
communication to the
public by telecommunication in Canada of their recordings under Section 19 of the
Copyright Act, R.S.C. 1985, c
Copyright Act, R.S.C. 1985, c. C - 42.
Copyright law: Should commercial Internet websites that sell music downloads allow users
to preview the works following the
Copyright Board of Canada's 2007 decision regarding royalties for
communication to the
public of musical works?
The wireless carriers, who would have
to pay the tariff argued that «transmitting a ringtone does not involve a
communication to the
public by telecommunication within the meaning of the
Copyright Act.»
Concerning the «new
public» criterion the AG opined that it would only be applicable in cases where the first act of
communication (
to an initial
public) has taken place with the consent of the
copyright holder, reserving this criterion for cases of legally posted content.
Users could not always verify whether hyperlinks do indeed direct users
to works which initial
communication to the
public was authorized by the
copyright owner.
The questions referred
to the CJEU by the Dutch Supreme Court essentially seek
to clarify if, and under which circumstances, a hyperlink
to content protected by
copyright can constitute a
communication to the
public within the meaning of Article 3 (1) of Directive 2001 / 29 / EC.
The publisher of Playboy, who held the rights
to these pictures, sued for
copyright infringement, arguing that GS Media had made a
communication to the
public of the pictures within the meaning of Article 3 (1) by posting the links on its website.
Quiznos cited the Digital Millennium
Copyright Act (DMCA) and
Communications Decency Act (CDA) stating they were a third party, but the court found they created the tools and themes for the
public to create the disparagement.
«the users of the site managed by the [website with links] must be deemed
to be potential recipients of the initial
communication and, therefore, as being part of the
public taken into account by the
copyright holders when they authorised the initial
communication.»
In this case, the court decided that providing links
to copyrighted works on news websites, does not constitute a
communication to the
public.
For the defendant's behavior
to be infringing, the
communication made by Retriever Sverige AB must be directed at a new
public, i.e. a
public that was not taken into account by the
copyright holders when they authorised the initial
communication to the
public.
Directive 2001/29 on
Copyright in the information society introduced the distinction between physical distribution (Article 4) and the electronic (by wire or wireless)
communication to the
public:
In addition, the appellants» proposed rule that each transmission be analyzed in isolation because each is initiated at the request of individual members of the
public would have the effect of excluding all interactive
communications from the scope of the
copyright holder's exclusive rights
to communicate
to the
public and
to authorize such
communications.
Where such a series of point -
to - point
communications of the same work
to an aggregation of individuals is found
to exist, it matters little for the purposes of
copyright protection whether the members of the
public receive the
communication in the same or in different places, at the same or at different times or at their own or the sender's initiative.
In the ESA v. SOCAN, 2012 SCC 34 case, the Supreme Court decided by a 5
to 4 majority that the transmission of a copy of a musical work
to members of the
public is not a
communication to the
public within the meaning of Section 3 (1)(f) of the
Copyright Act.
Posted in
communication to the
public,
Copyright, Fair Dealing, infringment, ISP Liability, making available right,
public perofmance
When the
Copyright Modernization Act was enacted the communication to the public right was expanded to expressly confer on copyright holders making available rights required by the WIPO
Copyright Modernization Act was enacted the
communication to the
public right was expanded
to expressly confer on
copyright holders making available rights required by the WIPO
copyright holders making available rights required by the WIPO Treaties.
Our Creative Commons license meets many needs, but with the able assistance of Jon Festinger QC — a media lawyer with unique credentials for this sort of thing — we are now looking
to craft a custom set of policies (terms of service,
copyright policy, and Creative Commons licensing) along with better
communication around open licensing, expectations, and best practices for open licensing in the
public legal education and information (PLEI) sector.
While I think that applying a «
communication by telecommunication»
copyright breach analysis is an interesting though experiment in the context of online court records, I'd be careful of implying that a Canadian court has said that «government should not be in the business of publishing
public documents -LSB-...] government is simply required
to make such documents available.»
Any copying, access, transfer,
public performance or
communication to the
public or other use of the Marvel Unlimited Service, the App, the Website or any Content made available in the Marvel Unlimited Service other than as expressly authorized by your local law or the Marvel Unlimited Terms shall constitute an act of
copyright infringement or infringement of any other applicable intellectual property right and a breach of the Marvel Unlimited Terms.
In addition
to any possible
copyright public performing license, idiots like Chet Kanoja, were they serious, would have
to separately negotiate with the owners of the content, since they are not eligible for must carry or retransmission consent agreements under the
Communications Act (October 1992 modifications.)
Oxford, UK About Blog The aim of China
Copyright and Media is
to be an online resource providing access
to and insight in Chinese law and policy regarding
public communication.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity
to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002
to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent
to litigationo Assisted with preparation of correspondence
to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined
to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers
to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted
to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated
copyright issues related
to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC
to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers
to have easier and faster access
to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and
communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment
to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool
to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures
to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant
to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson,
Public Relations Committee, 1996 - 97 Chairperson,
Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o
Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request