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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Doctrine
A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be Case law, equally applied to like cases. When enough judges make use of the process, it may become established as the ''de facto'' method of deciding like situations. Examples Examples of legal doctrines include: See also * Constitutionalism * Constitutional economics * Concept * Rule according to higher law * Legal fiction * Legal precedent * ''Cogitationis poenam nemo patitur'' * ''Ex aequo et bono'' References External links * *Pierre Schlag and Amy J. Griffin, "How to do Things with Legal Doctrine" (University of Chicago Press 2020) * Emerson H. Tiller and Frank B. Cross,What is Legal Doctrine? " ''Northwestern University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of ''amicus curiae'' brief (law), briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions established by its board of directors. The ACLU's current positions include opposing the Capital punishment in the United States, death penalty; supporting Same-sex marriage in the United States, same-sex marriage and the LGBT adoption in the United States, right of LGBTQ+ people to adopt; supporting reproductive rights such as Birth c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Folsom V
Folsom may refer to: People * Folsom (surname) Places in the United States * Folsom, Perry County, Alabama * Folsom, Randolph County, Alabama * Folsom, California Folsom is a city in Sacramento County, California, United States. The population was 80,454 at the 2020 United States census, 2020 census, up from 72,203 residents at the 2010 United States census, 2010 census. History The Nisenan tribe of Ind ... * Folsom, Georgia * Folsom, Louisiana * Folsom, Missouri * Folsom, New Jersey * Folsom, New Mexico * Folsom, Ohio * Folsom, Pennsylvania * Folsom, South Dakota * Folsom, Texas * Folsom, West Virginia * Folsom, Wisconsin * Folsom Lake, California Other uses * Folsom Europe, an annual BDSM and leather subculture street fair held in September in Berlin, Germany * Folsom Field, an outdoor football stadium in Boulder, Colorado * Folsom Library, research library on the campus of Rensselaer Polytechnic Institute, located in Troy, New York * Folsom point, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Lenz V
Lenz may refer to: Places * Lenz, Gauteng or Lenasia, a township in Gauteng Province, South Africa * Lantsch/Lenz, a municipality, Canton of Grisons, Switzerland * Lenz, Hood River County, Oregon, an unincorporated community, US * Lenz, Klamath County, Oregon, an unincorporated community, US * Lenz Island, Saskatchewan, Canada * Lents (crater) or Lenz, a lunar crater Other uses * Lenz (surname), including a list of people with the name * Lenz (fragment), literary fragment by Georg Büchner * Lenz Field, former name of a baseball and softball complex in Jacksonville, Illinois, US * Lenz's law, in field electromagnetism See also * Lentz, a surname * Cenani–Lenz syndactylism, congenital malformation syndrome * Lenz microphthalmia syndrome, a rare inherited disorder * Laplace–Runge–Lenz vector, a vector in classical mechanics {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test (law)
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law * Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Tes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parody
A parody is a creative work designed to imitate, comment on, and/or mock its subject by means of satire, satirical or irony, ironic imitation. Often its subject is an Originality, original work or some aspect of it (theme/content, author, style, etc), but a parody can also be about a real-life person (e.g. a politician), event, or movement (e.g. the French Revolution or Counterculture of the 1960s, 1960s counterculture). Literary scholar Professor Simon Dentith defines parody as "any cultural practice which provides a relatively polemical allusive imitation of another cultural production or practice". The literary theorist Linda Hutcheon said "parody ... is imitation, not always at the expense of the parodied text." Parody may be found in art or culture, including literature, parody music, music, Theatre, theater, television and film, animation, and Video game, gaming. The writer and critic John Gross observes in his ''Oxford Book of Parodies'', that parody seems to flourish on te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly A monopoly (from Greek language, Greek and ) is a market in which one person or company is the only supplier of a particular good or service. A monopoly is characterized by a lack of economic Competition (economics), competition to produce ... protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works Publication (copyright), published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution expli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use Project
The Fair Use Project is part of the Stanford Center for Internet and Society at Stanford Law School. Founded in 2006, it offers legal assistance to "clarify, and extend, the boundaries of "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 bal ..." in order to enhance creative freedom." It is headed by Tony Falzone, lecturer at Stanford Law. It has been involved in several notable cases such as ''Aguiar v. Webb'', ''Brave New Films v. Viacom'', ''Golan v. Gonzales'', ''Kahle v. Gonzales'', ''Lennon v. Premise Media'', '' Warner Brothers and JK Rowling v. RDR Books'', ''Shloss v. Joyce'', and ''Vargas v. BT''. References External linksFair Use Project Stanford University Intellectual property activism Copyright law organizations 2006 establishments in California Fair use Or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
