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United States V. ASCAP
''United States v. American Society of Composers, Authors and Publishers (ASCAP) et al.'', No. 09-0539, 2010 WL 3749292 (2nd Cir. 2010), was a United States Court of Appeals case involving copyright liability for third-party vendors that provide online music download services. In particular, the Second Circuit ruled that music downloads do not constitute public performances, upholding the district court's decision and consequently preventing ASCAP from claiming higher royalty fees from Yahoo! and RealNetworks for downloaded music. However, the Second Circuit disagreed with the district court's method of fee assessment and remanded the case for further proceedings.United States v. American Society of Composers, Authors and Publishers (ASCAP) et al.', No. 09-0539, 2010 WL 3749292 (2nd Cir. 2010) (retrieved October 18, 2011) ASCAP appealed the decision and requested a writ of certiorari for judicial review in the Supreme Court. Background information Yahoo! and RealNetworks so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consent Decree
A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case). Most often it is such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation. Legal process The process of introducing a consent decree begins with negotiation. One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the cont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ASCAP
The American Society of Composers, Authors, and Publishers (ASCAP) () is an American not-for-profit performance-rights organization (PRO) that collectively licenses the public performance rights of its members' musical works to venues, broadcasters, and digital streaming services (music stores). ASCAP collects licensing fees from users of music created by ASCAP members, then distributes them back to its members as royalties. In effect, the arrangement is the product of a compromise: when a song is played, the user does not have to pay the copyright holder directly, nor does the music creator have to bill a radio station for use of a song. In 2024, ASCAP collected approximately 1.84 billion in revenue, distributed approximately 1.7 billion in royalties to rightsholders, and maintained a registry of approximately 20 million works. The organization had approximately 1 million members as of 2024. ASCAP has drawn negative attention for attempting to enforce licensing fees when so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In United States Case Law
1 (one, unit, unity) is a number, Numeral (linguistics), numeral, and glyph. It is the first and smallest Positive number, positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit (measurement), unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In Digital electronics, digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In math ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works. The copyright holder is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in Civil law (common law), civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, or the fraudulent imitation of a product or brand, is sometimes prosecuted via the criminal justice system. Shifting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Performing Rights
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher (with the royalties generally split 50/50 between the two). Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization. By region United States In the United States, broadcasters can pay for their use of music in one of two ways: they can obtain permission/license directly from the music's copyright owner (usually the publisher), or they can obtain a license from ASCAP, BMI, SESAC, or Global Music Rights to use all of the music in their repertoires. A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vacated Judgement
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. Rules of procedure may allow vacatur either at the request of a party (a motion to vacate) or ''sua sponte'' (at the court's initiative). A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this include Kenneth Lay, the former chairman and CEO of Enron who died before sentencing, and Aaron Hernandez, a former football player who killed himself in jail before his appeals were exhausted. In the latter case, the vacatur was itself late ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Webster's Dictionary
''Webster's Dictionary'' is any of the US English language dictionaries edited in the early 19th century by Noah Webster (1758–1843), a US lexicographer, as well as numerous related or unrelated dictionaries that have adopted the Webster's name in his honor. "''Webster's''" has since become a genericized trademark in the United States for US English dictionaries, and is widely used in dictionary titles. Merriam-Webster is the corporate heir to Noah Webster's original works, which are in the public domain. Noah Webster's ''American Dictionary of the English Language'' Noah Webster (1758–1843), the author of the readers and spelling books which dominated the American market at the time, spent decades of research in compiling his dictionaries. His first dictionary, ''A Compendious Dictionary of the English Language'', appeared in 1806. In it, he popularized features which would become a hallmark of American English spelling (''center'' rather than ''centre'', ''honor'' rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advertisement
Advertising is the practice and techniques employed to bring attention to a Product (business), product or Service (economics), service. Advertising aims to present a product or service in terms of utility, advantages, and qualities of interest to Consumer, consumers. It is typically used to promote a specific good or service, but there are a wide range of uses, the most common being commercial advertisement. Commercial advertisements often seek to generate increased Consumption (economics), consumption of their products or services through "Branding (promotional), branding", which associates a product name or image with certain qualities in the minds of consumers. On the other hand, ads that intend to elicit an immediate sale are known as Direct marketing, direct-response advertising. Non-commercial entities that advertise more than consumer products or services include Political party, political parties, Interest group, interest groups, Religious organization, religious o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
