In the case of works made for hire, the employer of the preparer of the work is considered the author for
purposes of the Copyright Act.
The District Court denied Kirtsaeng's motion, giving» «substantial weight» to the «objective reasonableness» of Wiley's infringement claim,» and stating that» «the imposition of a fee award against a copyright holder with an objectively reasonable» - although unsuccessful - «litigation position will generally not promote
the purposes of the Copyright Act,»» and that no other factors «outweighed» that objective reasonableness to warrant fee - shifting.
Both Wiley and Kirtsaeng proposed that the Court provide guidance to district courts in order to direct their discretion in determining whether to award attorney's fees to a prevailing party «towar [d]
the purposes of the Copyright Act,» which the Court articulates as «enriching the general public through access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive rights» provided by the Copyright Act.
In the case of partial transfer, for
the purposes of the Copyright Act, the assignee is treated as the owner of the copyright with respect to the assigned rights.
«Awarding a lesser amount of damages would not serve
the purpose of the Copyright Act in deterrence of further wrongful conduct by Defendant,» the judge wrote.
Not exact matches
The
Copyright Revision Act of 1976 allows that... The «fair use» of a copyrighted work, including copying for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of c
Copyright Revision
Act of 1976 allows that... The «fair use»
of a
copyrighted work, including copying for
purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement
of copyrightcopyright.
With the exception
of fair dealing permitted by the
Copyright Act of 1968, The Detroit Auto Dealers Association grants users of the site permission to download and display Detroit Auto Dealers Association copyright material only for private
Copyright Act of 1968, The Detroit Auto Dealers Association grants users
of the site permission to download and display Detroit Auto Dealers Association
copyright material only for private
copyright material only for private
purposes.
Any
act of copying, reproducing or distributing this newsletter whether wholly or in part, for any
purpose without the permission
of Equitymaster is strictly prohibited and shall be deemed to be
copyright infringement.
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
purposes of the Digital Millennium
Copyright Act (DMCA), 17 U.S.C. § 512 (c)(2), The Baltimore Museum
of Art has designated an agent for notification
of claimed infringement as follows: The Baltimore Museum
of Art, Attn: Meghan Gross, 10 Art Museum Drive, Baltimore, Maryland 21218.
Case Study: Interpretation and Uncertainty in Canadian Law Section 30.1
of the
Copyright Act of Canada permits libraries to make copies
of works under various circumstances for
purposes of preserving or maintaining library collections.
Noting that the
Copyright Act «strik [es] a balance between two subsidiary aims: encouraging and rewarding authors» creations while also enabling others to build on that work,» the Court provided guidance regarding how those
purposes should influence the analysis
of the Fogerty factors.
1979 (2016): SCOTUS sets forth flexible factors to be weighed for
purposes of district judges awarding fees to a prevailing party under the
Copyright Act's fee - shifting provision, 17 U.S.C. § 505.
This ruling is likely to reinforce a classroom friendly interpretation
of the addition
of «education» (as well as «parody or satire») to the allowed
purposes for fair dealing in the
Act to Amend the
Copyright Act, which received royal assent on June 29th, 20012 and will likely take effect in the fall (see Michael Geist's blog).
-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement
of copyright by reason
of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence
of such actual knowledge, is not aware
of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness,
acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification
of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject
of infringing activity, except that, for
purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification
of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.
Does this right mean that one who cracks a TPM to access computer code (which is a protected
copyrighted work under the
Act) is liable even if it is done for a purpose unconnected to an act of copyright infringeme
Act) is liable even if it is done for a
purpose unconnected to an
act of copyright infringeme
act of copyright infringement?
Nintendo alleged that Go Cyber infringed its
copyright in the header data contrary to s. 27 (2)
of the
act in that (i) unauthorized copies
of the works are either contained in the game copiers when they were sold by Go Cyber or are obtained by following Go Cyber's instructions; (ii) Go Cyber knew (or was willfully blind to the fact) that the game copiers contained such works; and (iii) Go Cyber sold, distributed and possessed the game copiers for the
purpose of those activities.
Educational use
of the Internet — The
Copyright Act should be amended to provide that students, teachers and educational institutions do not infringe copyright when they use publicly available material on the Internet for educational
Copyright Act should be amended to provide that students, teachers and educational institutions do not infringe
copyright when they use publicly available material on the Internet for educational
copyright when they use publicly available material on the Internet for educational
purposes.
The government should repeal provisions
of the
Copyright Act that allow labels to unfairly punish fans who share music for non-commercial
purposes with statutory damages
of $ 500 to $ 20,000 per song.
Where the Minister certifies by notice, published in the Canada Gazette, that any country that is not a treaty country grants or has undertaken to grant, either by treaty, convention, agreement or law, to citizens
of Canada, the benefit
of copyright on substantially the same basis as to its own citizens or
copyright protection substantially equal to that conferred by this
Act, the country shall, for the
purpose of the rights conferred by this
Act, be treated as if it were a country to which this
Act extends, and the Minister may give a certificate, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation
of copies
of works, under the law
of such country, differ from those in this
Act.
In Canada, the
Copyright Act says that «fair dealing» with a work for purposes of private study or research, or for criticism, review or news reporting won't infringe c
Copyright Act says that «fair dealing» with a work for
purposes of private study or research, or for criticism, review or news reporting won't infringe
copyrightcopyright.
(1) For the
purposes of this
Act, «
copyright», in relation to a work, means the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever, to perform the work or any substantial part thereof in public or, if the work is unpublished, to publish the work or any substantial part thereof, and includes the sole right...
The fact that a use falls within an enumerated
purpose under the
Copyright Act is no guarantee
of immunity from infringement.
The
Copyright Act provides that any «fair dealing» with a work for
purposes of private study or research, or for criticism, review or news reporting is not infringement.
«I am satisfied that certified copies
of plans
of survey made available to members
of the public under the statutory scheme are works published under the «direction or control»
of the Crown for the
purposes of s. 12
of the
Copyright Act,» Justice David Doherty wrote in the decision.
The Canadian
Copyright Act states that fair dealing (as it is called in Canada) for the purpose of research, private study, education, parody or satire does not infringe c
Copyright Act states that fair dealing (as it is called in Canada) for the
purpose of research, private study, education, parody or satire does not infringe
copyrightcopyright.
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