Bill Graham Archives V. Dorling Kindersley
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Bill Graham Archives V. Dorling Kindersley
''Bill Graham Archives v. Dorling Kindersley, Ltd.'', 448 F.3d 605, is a 2006 case of the United States Court of Appeals for the Second Circuit regarding fair use of images in a pictorial history text. It affirmed the United States District Court for the Southern District of New York, which held at trial that the publisher's use of several images of past Grateful Dead concert posters and tickets, reduced considerably, in a timeline of the band's history was a sufficiently transformative use. The case began during the pre-production of ''Grateful Dead: The Illustrated Trip'', a coffee table book published by Dorling Kindersley (DK) that included a wide variety of information and imagery, presented in a timeline format beginning with the band's 1965 founding. DK had been negotiating licensing terms with the Bill Graham Archives (BGA), whose holdings include many works created to promote Grateful Dead concerts staged by Bill Graham. After the parties could not reach an agreement on ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has appellate jurisdiction over the United States district court, U.S. district courts in the following United States federal judicial district, federal judicial districts: * United States District Court for the District of Connecticut, District of Connecticut * United States District Court for the Eastern District of New York, Eastern District of New York * United States District Court for the Northern District of New York, Northern District of New York * United States District Court for the Southern District of New York, Southern District of New York * United States District Court for the Western District of New York, Western District of New York * United States District Court for the District of Vermont, District of Vermont The Second Circui ...
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Fair Use
Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in common law during the 18 ...
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2 Live Crew
2 Live Crew is an American hip hop group from Miami, Florida, formed in 1984. The group was originally composed of DJ Mr. Mixx (David Hobbs), Fresh Kid Ice (Christopher Wong Won), and Amazing Vee (Yuri Vielot), though its most well-known lineup emerged later with the addition of Brother Marquis (Mark Ross) and the replacement of Amazing Vee by Luther "Luke Skyywalker" Campbell, who also served as the group's manager and promoter. Known for their provocative lyrics and sexually explicit content, 2 Live Crew gained widespread attention in the late 1980s and early 1990s, becoming pioneers of the Miami bass genre and influential figures in the development of Southern hip hop. Their breakthrough album, ''The 2 Live Crew Is What We Are'' (1986), introduced their signature sound, blending booming basslines with humorous and risqué themes. The group achieved both commercial success and controversy with their 1989 album, ''As Nasty As They Wanna Be'', which was certified double platinum ...
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Campbell V
Campbell may refer to: People Surname * Campbell (surname), includes a list of people with surname Campbell Given name * Campbell Brown (footballer), an Australian rules footballer * Campbell Brown (journalist) (born 1968), American television news reporter and anchor * Campbell Cowan Edgar (1870–1938), Scottish Egyptologist and Secretary-General of the Egyptian Museum at Cairo * Campbell Jackson (born 1981), Northern Irish darts player * Campbell Johnstone (born 1980), New Zealand rugby union player * Campbell "Stretch" Miller (1910–1972), American sportscaster * Campbell Money (born 1960), Scottish footballer * Campbell Newman (born 1963), Australian politician * Campbell Scott (born 1961), American actor, director, and voice artist Places In Australia: * Campbell, Australian Capital Territory, a suburb of Canberra, Australia In Canada: * Campbell, Nova Scotia, on Cape Breton Island Nova Scotia * Campbell Branch Little Black River, South of Quebec, Canada (and Maine) ...
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Manhattan
Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, largest, and average area per state and territory, smallest county by area in the U.S. state of New York (state), New York. Located almost entirely on Manhattan Island near the southern tip of the state, Manhattan constitutes the center of the Northeast megalopolis and the urban core of the New York metropolitan area. Manhattan serves as New York City's Economy of New York City, economic and Government of New York City, administrative center and has been described as the cultural, financial, Media in New York City, media, and show business, entertainment capital of the world. Present-day Manhattan was originally part of Lenape territory. European settlement began with the establishment of a trading post by Dutch colonization of the Americas, D ...
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Pierre Leval
Pierre Nelson Leval (born September 4, 1936) is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. At the time of his appointment by President Bill Clinton in 1993, he was a United States district judge of the United States District Court for the Southern District of New York. Early life and education Born in New York City, Leval attended The Allen-Stevenson School, and received his Bachelor of Arts degree from Harvard College in 1959 and his Juris Doctor, ''magna cum laude'', in 1963 from Harvard Law School, where he served as a notes editor of the ''Harvard Law Review''. Career Leval served in the United States Army in 1959. He was a law clerk for Judge Henry Friendly of the United States Court of Appeals for the Second Circuit from 1963 until 1964. Leval was an Assistant United States Attorney in the Southern District of New York from 1964 until 1968, serving there as chief appellate attorney from 1967 to 1968. From 1969 un ...
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Toward A Fair Use Standard
Toward () is a village near Dunoon, west of Scotland, in the south of the Cowal, Cowal Peninsula. During World War II, the Toward area was a training centre called HMS Brontosaurus, HMS ''Brontosaurus'' also known as the No 2 Combined Training Centre (CTC), based at Castle Toward. Castle Toward Nearby is Castle Toward, a former country house built close to the ruined Toward Castle. Castle Toward was used as an outdoor education centre. The grounds were also used as a location for the children's BBC TV series ''Raven (game show), Raven''. Sold by Argyll and Bute Council to a private individual in 2016. Toward Point Lighthouse Toward Point has one of the eighteen lighthouses built by Robert Stevenson (civil engineer), Robert Stevenson. Highland Boundary Fault The Highland Boundary Fault passes Toward, as it crosses Scotland from Isle of Arran in the west to Stonehaven on the east coast. The geological fault line formed around 430 million years ago. Sports Toward Seaspo ...
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Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It also ranks first in other ranking systems of law reviews. It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association—in conjunction with the '' Columbia Law Review'', the '' University ...
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Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ...
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Copyright Act Of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976; most parts of the law went into effect on January 1, 1978. US Register of Copyrights Barbara Ringer took an active role in drafting the statute. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ...
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Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive Legal treatise, treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer pr ...
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