Court : US Supreme Court
..... thus abandoned, we do not see how it could be reclaimed by collecting such parts together in the form of a book unless we are to assume that the copyright act covers the process of aggregation as well as that of intellectual production. the contrary is the fact. if the patent law furnishes any analogy in this particular -- and ..... be obtained after the several parts, whether published separately or collectively, had been in general circulation for years. surely this cannot be within the spirit of the act. under the english copyright act of 1845, provision is made for the publication of works in a series of books or parts, but it has always been held that each part of ..... is a book within the meaning of the act. henderson v. maxwell, l.r. 4 ch.div. 163; bradbury v. sharp, w.n. (1891) 143. we have not overlooked the inconvenience which our conclusions will cause if, in order to protect their articles from piracy, authors are compelled to copyright each chapter or installment as it may appear in a .....
Tag this Judgment!Court : US Supreme Court
..... within a reasonable time with respect to whether any specific transaction or activity by such individual, candidate, or political committee would constitute a violation of this act, of chapter 95 or chapter 96 of title 26 or of section 608, 610, 611, 613, 614, 615, 616, or 617 of title 18. (b) presumption of compliance ..... congress to appoint the members of the interstate commerce commission and of many other regulatory commissions; that its exclusive power to provide for patents and copyrights would permit the administration of the patent laws to be carried out by a congressional committee; or that the exclusive power of the federal government ..... interchange of ideas for the bringing about of political and social changes desired by the people," roth v. united states, 354 u. s. 476 , 354 u. s. 484 (1957); and "[t]here is practically universal agreement that a major purpose of [the first] amendment was to protect the free discussion of governmental affairs . . . [including] discussions of .....
Tag this Judgment!Court : UK Supreme Court
..... section 4(2) "sculpture" includes a cast or model made for purposes of sculpture. 10. sections 51 and 52 are in part i, chapter iii of the 1988 act (acts permitted in relation to copyright works). chapter iii contains a variety of exemptions from liability on general grounds, including fair dealing (sections 29-31) and educational, archival and other public ..... cooper (1811) 3 camp 111, 113 that "the statute seems to have been framed with a view to defeat its own object"). this act was replaced by the sculpture copyright act 1814 ("the 1814 act"). the class of protected works was described in discursive terms, starting with "any new and original sculpture, or model, or copy, or ..... experienced intellectual property judge made some general observations (at pp 721-722): "the law has been bedevilled by attempts to widen out the field covered by the copyright acts. it is not possible to say with precision what is and what is not sculpture, but i think mr meade was close to the heart of the .....
Tag this Judgment!Court : UK Supreme Court
..... to a memberstatethis article will apply mutatis mutandis. in particular the expression "european arrest warrant" shall be deemed to be replaced by "extradition request". chapter 3 effects of the surrender article 26 deduction of the period of detention served in the executing member state 1. the issuing memberstate shall deduct all ..... context of the implementation of this framework decision should be protected in accordance with the principles of the said convention, has adopted this framework decision: chapter 1 general principles article 1 definition of the european arrest warrant and obligation to execute it 1. the european arrest warrant is a judicial decision ..... sentence or detention order. there was a requirement of double criminality and states had the right to refuse extradition of their nationals. the 1957 convention was supplemented by a council act of 27 september 1996 (96c 313/02). this retained the requirement of double criminality with modifications (articles 2 and 3), and it .....
Tag this Judgment!Court : UK Supreme Court
..... position, whereby british soldiers are subject to united kingdom military law wherever they serve. this was so under the army act 1955, the air force act 1955 and the naval discipline act 1957 ("the service acts"), backed up by rules and regulations, including the queen's regulations 1975, in force in 2003; and it ..... , direct and immediate access for the mnf to those premises shall be guaranteed.". on 22 may 2003 the un security council adopted resolution 1483 under chapter vii of the un charter. the security council re-affirmed the sovereignty and territorial integrity of iraq and recognised "the specific authorities, responsibilities, and ..... an internationally recognized, representative government that will exercise the sovereignty of iraq". in its later resolution 1511 of 16 october 2003, the security council, again acting under chapter vii, "reaffirm[ed] the sovereignty and territorial integrity of iraq, and underscore[ed] in that context, the temporary nature of the exercise by the .....
Tag this Judgment!Court : US Supreme Court
..... .g., 2 nimmer 7.01[a], p. 7 8; doyle, cary, mccannon, & ringer, notice of copyright, study no. 7, p. 46 (1957), reprinted in 1 studies on copyright 229, 272 (1963). in 1976, congress eliminated the registration renewal requirement for future works. copyright act of 1976, 302, 408, . in 1988, it repealed the mandatory notice prerequisite. bcia 7, . and ..... as against any party who is not a reliance party, the remedies provided in chapter 5 of this title shall be available on or after the date of restoration of a restored copyright with respect to an act of infringement of the restored copyright that is commenced on or after the date of restoration. (2) enforcement of ..... to the extent provided in paragraphs (3) and (4), the remedies provided in chapter 5 of this title shall be available, with respect to an act of infringement of a restored copyright, on or after the date of restoration of the restored copyright if the requirements of either of the following subparagraphs are met: (a)(i) the .....
Tag this Judgment!Court : US Supreme Court
..... class of actions. whether the district courts still have exclusive jurisdiction over an action to recover for a forfeiture or a penalty arising from a violation of the copyright act, it is not necessary to page 175 u. s. 153 here determine, because we think that section 4966 of the revised statutes, upon which this suit is ..... to section 4966 of the revised statutes, while the second alleged that the defendant had infringed his copyright in violation of the provisions of that section, and that, "by virtue of the provisions of said act of congress [the copyright act] and of said section 4966 of the revised statutes of the united states, the defendant then and ..... dollars for every subsequent performance, as to the court having cognizance thereof shall appear to be just." section 101 of chapter 230 of the statutes of 1870, 16 stat.198, 214, reenacted the provision of the act of 1856, page 175 u. s. 154 giving damages to the proprietor of any dramatic composition against any person wrongfully .....
Tag this Judgment!Court : US Supreme Court
..... supervised the work, a standard that is hard not to meet when one is a hiring party." hamilton, commissioned works as works made for hire under the 1976 copyright act: misinterpretation and injustice, 135 u.pa.l.rev. 1281, 1304 (1987). in sum, we must reject petitioners' argument. transforming a commissioned work into a work ..... be accorded work for hire status. the hiring party's right to control the product simply is not determinative. see note, the creative commissioner: commissioned works under the copyright act of 1976, 62 n.y.u.l.rev. 373, 388 (1987). indeed, importing a test based on a hiring party's right to control, or actual ..... the carefully negotiated definition in section 101." second supplementary report of the register of copyrights on the general revision of the u.s. copyright law: 1975 revision bill, chapter xi, pp. 12-13. [ footnote 14 ] strict adherence to the language and structure of the act is particularly appropriate where, as here, a statute is the result of a series .....
Tag this Judgment!Court : US Supreme Court
..... of fair use should not be read as adoption of any rigid presumption against prepublication use. if read that way, the broad statement that the copyright act was intended to incorporate the common law would, in effect, be given the force of nullifying congress' repeated methodological prescription that definite rules are inappropriate ..... manuscript." reply brief for petitioners 16, n. 8. the portions actually quoted were selected by mr. navasky as among the most powerful passages in those chapters. he testified that he used verbatim excerpts because simply reciting the information could not adequately convey the "absolute certainty with which [ford] expressed himself," app. ..... 621 f.2d 57, 60 (ca2 1980). see generally l. seltzer, exemptions and fair use in copyright 18-48 (1978). [ footnote 4 ] see latman 7; strauss, protection of unpublished works (1957), reprinted as study no. 29 in copyright law revision studies nos. 29-31, prepared for the senate committee on the judiciary, 86th cong., 2d .....
Tag this Judgment!Court : US Supreme Court
..... , it is possible for cable systems to comply with the oklahoma ban by simply abandoning their importation of the distant broadcast signals covered by the copyright act. but such a loss of viewing options would plainly thwart the policy identified by both congress and the fcc of facilitating and encouraging the importation ..... revision, the court had determined that the retransmission of distant broadcast signals by cable systems did not subject cable operators to copyright infringement liability because such retransmissions were not "performances" within the meaning of the 1909 copyright act. teleprompter corp. v. columbia broadcasting system, inc., 415 u. s. 394 (1974); fortnightly corp. v. united ..... ordinarily consider questions not specifically passed upon by the lower court, see california v. taylor, 353 u. s. 553 , 353 u. s. 557 , n. 2 (1957), this rule is not inflexible, particularly in cases coming, as this one does, from the federal courts. see, e.g., youakim v. miller, 425 u. s. 231 .....
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