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Exclusive Right
An exclusive right, or exclusivity, is a ''de facto'', non-tangible prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utility, public utilities, or, in some jurisdictions, in other ''sui generis'' legislation. Many scholars argue that such rights form the basis for the concepts of property (ownership right), property and ownership. Privately granted ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative
In law, a prerogative is an exclusive right bestowed by a government or State (polity), state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of Feudalism, feudal law. The word is derived from Old French ''prerogative'' (14c.), M.L. ''prerogativa'' "special right", from Latin ''Prorogatio, praerogativa'' "prerogative, previous choice or election", originally (with Roman assemblies#Legislative Assemblies of the Roman Republic, tribus, Roman assemblies#Legislative Assemblies of the Roman Republic, centuria) "100 voters who by lot voted first in the Roman Roman assemblies#Legislative Assemblies of the Roman Republic, comitia", from ''praerogativus'' (adj.) "chosen to vote first". Topics * Extraterritoriality * Prerogative court * Prerogative writ * Royal prerogative See also * Individual rights * Sui juris * "My Prerogative" (song) References External links * Legal ter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Property
Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership, collective or cooperative property, which is owned by one or more non-governmental entities. Private property is foundational to capitalism, an economic system based on the private ownership of the means of production and their operation for Profit (economics), profit. As a legal concept, private property is defined and enforced by a country's political system. History The first evidence of private property may date back to the Babylonians in 1800 BC, as evidenced by the archeological discovery of Plimpton 322, a clay tablet used for calculating property boundaries; however, written discussions of private property were not seen until the Persian Empire, and emerged in the Western tradition at least as far back as Plato. Before the 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Instrumentalism
In philosophy of science and in epistemology, instrumentalism is a methodological view that ideas are useful instruments, and that the worth of an idea is based on how effective it is in explaining and predicting natural phenomena. According to instrumentalists, a successful scientific theory reveals nothing known either true or false about nature's unobservable objects, properties or processes. Scientific theory is merely a tool whereby humans predict ''observations'' in a particular domain of nature by formulating laws, which state or summarize regularities, while theories themselves do not reveal supposedly hidden aspects of nature that somehow ''explain'' these laws. Instrumentalism is a perspective originally introduced by Pierre Duhem in 1906.Roberto Torretti, ''The Philosophy of Physics'' (Cambridge: Cambridge University Press, 1999)pp. 242–43 "Like Whewell and Mach, Duhem was a practicing scientist who devoted an important part of his adult life to the history and philos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personality Right
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction. Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. A commonly cited justific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Right
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "''De Vita Spirituali Animae."'' Du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moral Rights (copyright Law)
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Berne Convention for the Protection of Literary and Artistic Works, September 9, 1886, art. 6bis, S. Treaty Doc. No. 27, 99th Cong., 2d Sess. 41 (1986). Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continental Europe
Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by some, simply as the Continent. When Eurasia is regarded as a single continent, Europe is treated both as a continent and Continent#Subcontinents, subcontinent. Usage The continental territory of the historical Carolingian Empire was one of the many old cultural concepts used for mainland Europe. This was consciously invoked in the 1950s as one of the basis for the prospective European integration (see also multi-speed Europe) The most common definition of mainland Europe excludes these Island#Continental islands, continental islands: the list of islands of Greece, Greek islands, Cyprus, Malta, Sicily, Sardinia, Corsica, the Balearic Islands, Great Britain and Ireland and surrounding islands, Novaya Zemlya and the Nordic archipelago, as well ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bootleg Recording
A bootleg recording is an audio or video recording of a performance not officially released by the artist or under other legal authority. Making and distributing such recordings is known as ''bootlegging''. Recordings may be copied and traded among fans without financial exchange, but some bootleggers have sold recordings for profit, sometimes by adding professional-quality sound engineering and packaging to the raw material. Bootlegs usually consist of unreleased studio recordings, live performances or interviews without the quality control of official releases. Bootlegs reached new popularity with Bob Dylan's ''Great White Wonder'', a compilation of studio outtakes and demos released in 1969 using low-priority pressing plants. The following year, the Rolling Stones' ''Live'r Than You'll Ever Be'', an audience recording of a late 1969 show, received a positive review in ''Rolling Stone''. Subsequent bootlegs became more sophisticated in packaging, particularly the Trademark of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elvis Presley
Elvis Aaron Presley (January 8, 1935 – August 16, 1977) was an American singer and actor. Referred to as the "King of Rock and Roll", he is regarded as Cultural impact of Elvis Presley, one of the most significant cultural figures of the 20th century. Presley's sexually provocative performance style, combined with a mix of influences across color lines during a civil rights movement, transformative era in race relations, brought both great success and Cultural impact of Elvis Presley#Danger to American culture, initial controversy. Presley was born in Tupelo, Mississippi; his family relocated to Memphis, Tennessee, when he was 13. He began his music career in 1954 at Sun Records with producer Sam Phillips, who wanted to bring the sound of African-American music to a wider audience. Presley, on guitar and accompanied by lead guitarist Scotty Moore and bassist Bill Black, was a pioneer of rockabilly, an uptempo, Backbeat (music), backbeat-driven fusion of country music and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman language, Norman variant of Old French ''chatel'', chattel, and today cheptel (derived from Latin ''capitalis'', "of the head"), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norm (sociology)
A social norm is a shared standard of acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour. Institutions are composed of multiple norms. Norms are shared social beliefs about behavior; thus, they are distinct from "ideas", "attitudes", and "values", which can be held privately, and which do not necessarily concern behavior. Norms are contingent on context, social group, and historical circumstances. Scholars distinguish between regulative norms (which constrain behavior), constitutive norms (which shape interests), and prescriptive norms (which prescribe what actors ''ought'' to do). The effects of norms can be determined by a logic of appropriateness and logic of co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
