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Itar-Tass Russian News Agency V. Russian Kurier, Inc.
''Itar-Tass Russian News Agency v. Russian Kurier, Inc.'', 153 F.3d 82 (2d Cir. 1998), was a copyright case about the Russian language weekly ''Russian Kurier'' in New York City that had copied and published various materials from Russian newspapers and news agency reports of Itar-TASS. The case was ultimately decided by the United States Court of Appeals for the Second Circuit. The decision was widely commented upon and the case is considered a landmark case because the court defined rules applicable in the U.S. on the extent to which the copyright laws of the country of origin or those of the U.S. apply in international disputes over copyright. The court held that to determine whether a claimant actually held the copyright on a work, the laws of the country of origin usually applied (more precisely: "copyright is a form of property" and under the Second Restatement's approach, the governing law is "determined by the law of the state with 'the most significant relationship' to the ...
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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 comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long b ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New York (Manhattan) and Bronx; six are in Downstate: Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active and influential federal trial courts in the United States. It often has jurisdiction over America's largest financial institutions and prosecution of white-collar crime and other federal crimes. Because of its age and influence, it is sometimes colloquially called the "Mother C ...
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Case Law
Case law, also used interchangeably with common law, is 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, Aust ...
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Copyright In Compilation
Copyright in compilation is a facet of copyright law that may provide copyright protection to a compilation (or collection) of material, irrespective of copyright in the underlying material. In the copyright law in the United States, such copyright may exist when the materials in the compilation (or "collective work") are selected, coordinated, or arranged creatively such that a new work is produced. Copyright does not exist when content is compiled without creativity, such as in the production of a telephone directory. In the case of compilation copyright, the compiler does not receive copyright in the underlying material, but only in the selection, coordination, or arrangement of that material. In the European Union, copyright in compilation due to the creativity of selection and arrangement is one facet of the Database Directive of 1996, which also protects databases from extraction of substantial content that represents significant work by the compiler. Copyright of material ...
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Court Of Appeals
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court o ...
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Russian Copyright Law
The current Copyright law of the Russian Federation is codified in part IV of the Civil Code of the Russian Federation. It entered in force on January 1, 2008. The first post-Soviet copyright law of the Russian Federation became effective on August 3, 1993. It completely replaced the older Soviet legislation that had been in effect until then. The new Copyright law of 1993 was based upon WIPO model laws and followed the continental European tradition: it clearly separated economic and moral rights, and it included detailed provisions for neighbouring rights. The Copyright law of 1993 had specified a general duration of copyrights of 50 years beyond an author's death, or 50 years since the publication of an anonymous work. The implementation act for the law made the new law apply retroactively, restoring copyrights (and neighbouring rights) on works on which the shorter copyright terms from the Soviet-era had already expired or which had not been copyrighted at all under Soviet l ...
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United States Dollar
The United States dollar ( symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official currency of the United States and several other countries. The Coinage Act of 1792 introduced the U.S. dollar at par with the Spanish silver dollar, divided it into 100 cents, and authorized the minting of coins denominated in dollars and cents. U.S. banknotes are issued in the form of Federal Reserve Notes, popularly called greenbacks due to their predominantly green color. The monetary policy of the United States is conducted by the Federal Reserve System, which acts as the nation's central bank. The U.S. dollar was originally defined under a bimetallic standard of (0.7735 troy ounces) fine silver or, from 1837, fine gold, or $20.67 per troy ounce. The Gold Standard Act of 1900 linked the dollar solely to gold. From 1934, ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ...
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Copyright Registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source. Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases. Requirement of registration It is a common misconception to c ...
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Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repor ...
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Itar-Tass Russian News Agency V
The Russian News Agency TASS (russian: Информацио́нное аге́нтство Росси́и ТАСС, translit=Informatsionnoye agentstvo Rossii, or Information agency of Russia), abbreviated TASS (russian: ТАСС, label=none), is a major Russian state-owned news agency founded in 1904. TASS is the largest Russian news agency and one of the largest news agencies worldwide. TASS is registered as a Federal State Unitary Enterprise, owned by the Government of Russia. Headquartered in Moscow, TASS has 70 offices in Russia and in the Commonwealth of Independent States (CIS), as well as 68 bureaus around the world. In Soviet times, it was named the Telegraph Agency of the Soviet Union (russian: Телегра́фное аге́нтство Сове́тского Сою́за, translit=Telegrafnoye agentstvo Sovetskogo Soyuza, label=none) and was the central agency for news collection and distribution for all Soviet newspapers, radio and television stations. After t ...
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John G
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * P ...
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