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Authors Guild V. HathiTrust
''Authors Guild v. HathiTrust'', 755 F.3d 87 (2d Cir. 2014), is a United States copyright decision finding search and accessibility uses of digitized books to be fair use. The Authors Guild, other author organizations, and individual authors claimed that the HathiTrust Digital Library had infringed their copyrights through its use of books scanned by Google. A federal court ruled against the plaintiffs in October 2012, finding that HathiTrust's use was permissible under fair use. The plaintiffs appealed the decision to the Second Circuit, and were rebuffed in 2014. In an opinion by Barrington Daniels Parker, Jr., the Second Circuit largely affirmed the lower court's findings of fair use for accessibility and search, remanding only to consider whether the plaintiffs had standing to sue about library preservation copies. The remaining claims were settled on January 6, 2015.
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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 the State of New York. Two of these are in New York City: New York (Manhattan) and Bronx; six are in the Hudson Valley: 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, being the oldest federal court in the histo ...
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Screen Reader
A screen reader is a form of assistive technology (AT) that renders text and image content as speech or braille output. Screen readers are essential to blindness, blind people, and are useful to visually impaired people, Illiteracy, illiterate, or have a learning disability. Screen readers are Application software, software applications that attempt to convey what people with normal eyesight see on a Display device, display to their users via non-visual means, like text-to-speech, sound icons, or a Refreshable Braille display, braille device. They do this by applying a wide variety of techniques that include, for example, interacting with dedicated #Accessibility APIs, accessibility APIs, using various operating system features (like inter-process communication and querying user interface properties), and employing hooking techniques. Microsoft Windows operating systems have included the Microsoft Narrator screen reader since Windows 2000, though separate products such as Freedom ...
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Perfect 10, Inc
Perfect commonly refers to: * Perfection; completeness, and excellence * Perfect (grammar), a grammatical category in some languages Perfect may also refer to: Film and television * ''Perfect'' (1985 film), a romantic drama * ''Perfect'' (2018 film), a science fiction thriller * "Perfect" (''Doctors''), a 2004 television episode Literature * ''Perfect'' (Friend novel), a 2004 novel by Natasha Friend * ''Perfect'' (Hopkins novel), a young adult novel by Ellen Hopkins * ''Perfect'' (Joyce novel), a 2013 novel by Rachel Joyce * ''Perfect'' (Shepard novel), a Pretty Little Liars novel by Sara Shepard * ''Perfect'', a young adult science fiction novel by Dyan Sheldon Music * Perfect interval, in music theory * Perfect Records, a record label Artists * Perfect (musician) (born 1980), reggae singer * Perfect (Polish band) * Perfect (American band), an American alternative rock group Albums * ''Perfect'' (Intwine album) (2004) * ''Perfect'' (Half Japanese album) (20 ...
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Kelly V
Kelly may refer to: Art and entertainment * ''Kelly'' (Kelly Price album), 2011 * ''Kelly'' (Andrea Faustini album) * ''Kelly'' (musical), by Mark Charlap, 1965 * "Kelly" (song), by Kelly Rowland, 2018 * ''Kelly'' (film), Canada, 1981 * ''Kelly'' (Australian TV series) * ''Kelly'' (talk show), Northern Ireland * The Kelly Family, a music group * ''Kelly Kelly'' (TV series), US, 1998 * "Kelly", a 2019 single by Peakboy * Kelly West/ Zelena, a character on ''Once Upon a Time'' * Kelly (The Walking Dead), a character * Kelly (musician), a character portrayed by Liam Kyle Sullivan People * Kelly (given name) * Kelly (surname) * Clan Kelly, a Scottish clan * Kelly (murder victim) * Kelly (footballer, born 1975), Clesly Evandro Guimarães, Brazilian * Kelly (footballer, born 1985), Kelly Cristina Pereira da Silva, Brazilian * Kelly (footballer, born 1987), Kelly Rodrigues Santana Costa, Brazilian Places Australia * Kelly, South Australia, a locality * Kelly Basi ...
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Transformation (law)
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In United St ...
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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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Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ...
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Australian Society Of Authors
The Australian Society of Authors (ASA) was formed in 1963 as the organisation to promote and protect the rights of Australia's authors and illustrators. The Fellowship of Australian Writers played a key role it its establishment. The organisation established Public Lending Right (PLR) in 1975 and Educational Lending Right (ELR) in 2000. The ASA was also instrumental in setting up Copyright Agency Ltd, Copyright Agency, the Australian Copyright Council and the International Authors Forum. The ASA provides information and advice on all aspects of writing and publishing. It administers several awards, including the ASA Medal, the Barbara Jefferis Award, the ASA/HQ Commercial Fiction Prize, Blake-Beckett Trust Scholarship, and the Varuna Ray Koppe Young Writers Residency. Founding In October 1962 the President of the Fellowship of Australian Writers, Walter W. Stone, Walter Stone, invited delegates from all other writers' societies to a meeting in Sydney to discuss the formation ...
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Writers' Union Of Canada
The Writers’ Union of Canada (TWUC) is the national organization of professionally published writers. TWUC was founded in 1973 to work with governments, publishers, booksellers, and readers to improve the conditions of Canadian writers. TWUC advocates on behalf of writers’ collective interests, and delivers value to members through advocacy, community, and information. TWUC believes in a thriving, diverse Canadian culture that values and supports writers. As of 2024, the Union is over 2,800 members strong. The Union administers the Danuta Gleed Literary Award for the best first collection of short stories in English published in Canada. TWUC also administers the Short Prose Competition for Emerging Writers, which aims to discover, encourage, and promote new writers of short prose in order to provide opportunity and exposure to developing writers. Each year the Union awards the Freedom to Read Award as part of the celebration of Freedom to Read Week across Canada in February o ...
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Authors Guild
The Authors Guild is the United States' oldest and largest professional organization for writers and provides advocacy on issues of free expression and copyright protection. Since its founding in 1912 as the Authors League of America, it has counted among its board members notable authors of fiction, nonfiction, and poetry, including numerous winners of the Nobel and Pulitzer Prizes and National Book Awards. It has over 9,000 members, who receive free legal advice and guidance on contracts with publishers as well as insurance services and assistance with subsidiary licensing and royalties. The group lobbies at the national and state levels on censorship and tax concerns, and it has initiated or supported several major lawsuits in defense of authors' copyrights. In one of those, a class-action suit claiming that Google acted illegally when it scanned millions of copyrighted books without permission, the Authors Guild lost on appeal in the United States Court of Appeals for the Sec ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ...
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