Sentences with phrase «whether by copyright»

Not exact matches

NBCUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the «Act»), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first - time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Daily Harvest or any third party, whether by estoppel, implication or otherwise.

By entering the Awards, you irrevocably and unconditionally consent to all acts being done that would otherwise infringe any of your moral rights (as defined in Part IX of the Copyright Act 1968 (Cth)-RRB- in the Materials and any present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is giveBy entering the Awards, you irrevocably and unconditionally consent to all acts being done that would otherwise infringe any of your moral rights (as defined in Part IX of the Copyright Act 1968 (Cth)-RRB- in the Materials and any present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is giveby statute anywhere in the world whether occurring before or after this consent is given.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «Act»), regardless of whether our content is protected by the Act or has been timely and / or properly registered under the Act, and regardless of whether you are located in the United States.

You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the «act»), regardless of whether our content is protected by the act or has been timely and / or properly registered under the act, and regardless of whether you are located in the United States.

20.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and / or designs (including the «look and feel» and other visual or non-literal elements)(whether registered or unregistered) in:

7.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and / or designs (including the «look and feel» and other visual or non-literal elements)-RRB-(whether registered or unregistered) in:

It isn't about how many friends you have in common, or whether you want a boy or a girl or Poor man's copyright is a method of using registered dating by the postal service, a notary public or other highly trusted source to date intellectual

The Terms do not grant the User any right, title, interest, license (express or implied) to the App, any patent, trademark, service mark, copyright, trade secret or proprietary right associated with, on the part of Auto & General, the Service, or, previous applications or business methods of Auto & General (or its affiliates) required or provided in connection with the Service (whether owned or licensed by Auto & General or its affiliates or a third party); or arising from Auto & General or its affiliates» research and development activities.

Google makes money from advertising whether the e-books are being sold legally by the publisher or author, or whether they are being sold illegally by a pirate, or whether they are being «shared» in violation of the authors» copyright by some blogger via links to a file - sharing site.

Whether one is for or against present copyright laws, the legal reality is the costs of bringing an infringement suit for an indie author is prohibitive, and certainly not practical.I defended one against a visual artist that was definitely ripped off by my little darlings, along with four other defendants.The end result?

Accordingly, it seems that copyright only protects a tiny percentage of creative works and it is an open question whether the author retains that copyright and is benefited by 75 years of protection.

According to an article by Ovetta Wiggins for The Washington Post, the Prince George's County school board has approved for consideration a new policy that would declare that anything created by a teacher for use in a classroom, such as a lesson plan or other teaching material — whether on school time and with school materials, or at home with personal materials — belongs solely to the school system with regard to the copyright.

Jason Matthews recounts his annoyance being asked by Scribd whether he owns the copyright of his books (ed: Amazon has a similar practice).

All material whether in the form of advertisements, articles, symbols, diagrams or illustrations, is accepted and published by the Chow Chow Club, Inc. and its staff with the express agreement that the person submitting the material will indemnify and hold the Club and its staff free and harmless from any claims for damages or any liability incurred as a result of publishing such material which is libel, copyright or trademark infringemen, or plagiarism and will reimburse the Club and its staff for any expenses incurred in the defense of any such claims, including reasonable attorney's fee and court costs.

Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

Many of these videos do exist in something of a copyright grey area — how transformative something like a commentary is, for instance — along with questions of whether something like a full playthrough by a popular YouTuber helps or hinders a game's sales.

-- All copyrights and other rights regarding submitted content (including translation and interpretation rights specified by Copyright Law Article 27 and 28, as well as rights / copyrights regarding usage of secondary work) belongs to Sony Computer Entertainment Inc. regardless of whether the content of the application is utilized or not.

By Johnlee Curtis Shepard Fairey, the artist who created the now - famous «HOPE» poster, a digitally - designed depiction of President Obama derived from a photograph taken by photographer Mannie Garcia and owned by the Associated Press (AP), has been embroiled in litigation on the issue of whether he violated the AP's copyright from his use of the photograpBy Johnlee Curtis Shepard Fairey, the artist who created the now - famous «HOPE» poster, a digitally - designed depiction of President Obama derived from a photograph taken by photographer Mannie Garcia and owned by the Associated Press (AP), has been embroiled in litigation on the issue of whether he violated the AP's copyright from his use of the photograpby photographer Mannie Garcia and owned by the Associated Press (AP), has been embroiled in litigation on the issue of whether he violated the AP's copyright from his use of the photograpby the Associated Press (AP), has been embroiled in litigation on the issue of whether he violated the AP's copyright from his use of the photograph.

New Twist in Richard Prince Copyright Case Asks Whether Art Law Is in the Eye of the Beholder By by Julia Halperin Published: January 26, 20By by Julia Halperin Published: January 26, 20by Julia Halperin Published: January 26, 2012

True, some older articles — especially those with enduring impact — have been made available on third party websites, though it is often unclear whether this is being done with the consent (or temporary forbearance) of the copyright holder, or simply being provided by enthusiasts who can not imagine that access to these works is still legally restricted.

All material and services available on the Site, and all material and services provided by or through Squarespace, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and «look and feel,» layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the «Materials»), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.

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.

You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.

41 Therefore, on the one hand, provided that the selection or arrangement of the data --- namely, in a case such as the one in the main proceedings, data corresponding to the date, the time and the identity of teams relating to the different fixtures of the league concerned (see paragraph 26 of the present judgment)- — is an original expression of the creativity of the author of the database, it is irrelevant for the purpose of assessing the eligibility of the database for the copyright protection provided for by Directive 96/9 whether or not that selection or arrangement includes «adding important significance» to that data, as mentioned in section (b) of the referring court's first question.

The significant question is whether such a statement as «no copyright infringement intended» will be viewed by the courts as evidence to suggest innocent infringement or rather as evidence to support willful infringement.

Tony Mauro of Legal Times reports that the Supreme Court justices have invited the view of the solicitor general on a petition for cert filed in Cable News Network Inc. v. CSC Holdings, which concerns the issue of whether, under the Copyright Act of 1976, Cablevision's on - demand service infringes the petitioners» exclusive copyrights by copying, storing and transmitting its programs without an additional license.

I don't know whether they remastered it, but let me ask you this: If someone were to take that footage of congress and do nothing other than add a watermark to it, am I infringing copyright by using their footage?

What do you mean by «an upper boundary» and how is this limit relevant to whether a copyrighted image is the means by which copyright is violated?

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.

In the situation of cross border distance selling arrangements, the assessment of whether copies are made available to the public in the Member State where enforcement of copyright is sought must be based on the criteria elaborated by the Court in L'Oréal and Others.

Subsequently the AG tackled the question whether the wide scope of Article 12 could be limited by applying, by analogy, an additional requirement of Article 14 (1)(b) of the Directive, which requires a hosting provider to remove or disable access to information infringing copyrights.

They do have systems in place for standard due diligence and once they are made aware of copyrighted material, whether through trolling via programs designed to identify it, or by report from actual human beings (employees, artists, the public) the material is removed.

An interesting argument raised by the parties relates to the question whether certain terms that appear in the copyright acquis must receive the same interpretation in this context.

But the extent of the involvement of the carrier in the selling arrangement affects the question whether the carrier is to be considered as a participant in the distribution scheme or merely an intermediary referred to in Article 8 (3) of the Copyright Directive, (40) whose services are used by a third party.

Yes but expect that there would be a constitutional challenge under section 96 of the Constitution Act, and whether before 1867, copyright matters could be adjudicated before inferior courts presided over by provincially appointed judges.

Before the court were three issues: (i) whether Go Cyber's actions had resulted in «secondary infringement» by contravening Nintendo's copyrights contrary to s. 27 (2) of the act; (ii), whether Go Cyber had contravened the anti-circumvention provisions under s. 41 (1) of the act; and (iii) the appropriate remedies if the court determined that Go Cyber had contravened the act.

The cases revolve generally around whether the defendants violated copyright by sharing Malibu's copyrighted material by using BitTorrent.

If Fastcase were allowed to amend its complaint to state a claim based on the period after April 7, Casemaker would respond with a claim for breach of contract that would not be preempted by the Copyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker mCopyright Act, along with a claim for copyright infringement, depending on whether Fastcase copied any Casemaker mcopyright infringement, depending on whether Fastcase copied any Casemaker materials.

The Court stated that it is up to a national court to decide first whether a newspaper article has copyright protection (though generally newspaper articles are protected by copyright.)

Your clients are likely impacted by China whether it's part of the supply chain being moved to China, copyright infringement occurring in China, takeover or purchase by a Chinese entity or a host of other factors.

Because the presentation was given to a group of food bloggers, the number one question asked throughout the food blogger's conference related to reproducing recipes and whether recipes are protected by copyright.

Whether an element of the game is protected by copyright is a fact - intensive question that would depend on the specifics of the game.

What reading I've done on the topic so far has left me confused as to whether this infringes any copyrights potentially held by the creators of the patterns for the encorporated decorative elements.

There seems to be some security in numbers now among those who chose to turn away now from Access Copyright or, like Calgary and Memorial, signed the letter of intent but are evaluating their options before deciding whether to sign the actual licence, by June 30.

For example, if works A and B present certain ideas and you say «Aha, I can solve this if I just redefine L and M», and write a new paper based on the ideas of A and B. Ideas are not protected by copyright, so the relevant distinction is whether you copied and modified the ideas, or the expression of the ideas (the latter being protected by copyright).

Without so deciding, I express grave doubt whether the law governing the protection of intellectual property rights in Canada can be transformed in this way into an instrument of trade control not contemplated by the Copyright Act.

If the land surveyor has copyright, the making and distribution of paper or digital copies of the plan of survey is a breach of copyright whether done by an employee of the Province or by a third party hired by the Province to perform that function.»

Side note: whether a bootleg video shot by a fan in the stadium should be protectable under federal copyright law is hotly debated.

Fair use is decided on a case by case basis; it's impossible to know for sure whether a particular use of a copyrighted work is covered by the exception until the copyright holder sues you for infringement.