Sentences with phrase «infringement case constitute»

The 375 pages of Richard Prince's deposition released as part of the litigation of Patrick Cariou's copyright infringement case constitute the longest, most exhaustive interview Prince has ever given.

Not exact matches

Last Friday, Judge Deborah Batts ruled against famed artist Richard Prince in the case of Patrick Cariou v. Richard Prince, Gagosian Gallery, et al 08 CV 11327 (S.D.N.Y. March 18, 2011)(Batts, J.), finding that the artworks in Prince's Canal Zone exhibition — held at Gagosian in 2008 — constituted copyright infringement.

On the basis of the case above, and my consideration of the Copyright Act, I would find that reproduction of a musical work does not constitute copyright infringement, pursuant and subject to s 80 (1) of the Act.

In his recent Opinion in Cases C - 71 / 11 and C - 99 / 11 Advocate General Bot held that a serious infringement of the freedom of religion may constitute an «act of persecution» where the asylum seeker, by exercising that freedom or as a result of infringing the restrictions placed on the exercise of that freedom, runs a real risk of being deprived of his most fundamental rights.

Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).

It affirmed the lower court decision of Justice Manson which had held that, on the facts of the case, the use of metatags on web pages did not constitute passing - off, trade - mark infringement or depreciation of goodwill.

Not every «taking up» will constitute an infringement of hunting and fishing rights, she said, but if the taking up leaves the Grassy Narrows Ojibway group with no meaningful right to hunt, fish or trap in areas where they used to do so, they could have a court case for treaty infringement.

I am hoping that the court «s role in this case will strike at the very existence of an absolute immunity under two guiding principles: equality under the law (especially when the alleged wrong has been committed by a person who should be held to the highest standards of conduct in exercising a public trust; and any infringement of the Canadian Charter of Rights and Freedoms constitutes «improper purpose» aimed at gaining a private collateral advantage.

Any person who, without the written consent of the owner of the copyright or of the legal representative of the owner, knowingly performs or causes to be performed in public and for private profit the whole or any part, constituting an infringement, of any dramatic or operatic work or musical composition in which copyright subsists in Canada is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty dollars and, in the case of a second or subsequent offence, either to that fine or to imprisonment for a term not exceeding two months or to both.

The production of derivative works in copyright cases can constitute infringement.

[w] e must hope that, in light of the problems presented by such an expansive view of superior courts» inherent jurisdiction, in future cases the Supreme Court will be very careful in broadening its interpretation of what constitutes an infringement of section 96.

In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $ 200.