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Feist Publications V. Rural Telephone Service
''Feist Publications, Inc., v. Rural Telephone Service Co.'', 499 U.S. 340 (1991), was a landmark decision by the Supreme Court of the United States establishing that information alone without a minimum of original creativity cannot be protected by copyright. In the case appealed, Feist had copied information from Rural's telephone listings to include in its own, after Rural had refused to license the information. Rural sued for copyright infringement. The Court ruled that information contained in Rural's phone directory was not copyrightable and that therefore no infringement existed. Background Rural Telephone Service Company, Inc. is a telephone cooperative providing services for areas in northwest Kansas, with headquarters in the small town of Lenora, in Norton County. The company was under a statutory obligation to compile and distribute a " white pages" phone directory of all its customers free of charge as a condition of its monopoly franchise. Feist Publications, Inc. ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations), is an unofficial law report, reporter of Supreme Court of the United States Judicial opinion, opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from United States Reports, volume 1, volume 1 to List of United States Supreme Court cases, volume 351, volume 351, whereas the second series contains cases starting from the official reporter List of United States Supreme Court cases, volume 352, volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are ...
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Lenora, Kansas
Lenora is a city in Norton County, Kansas, United States. As of the 2020 census, the population of the city was 207. History Lenora was founded in 1873. It was named for Mrs. Lenora Hauser, a pioneer settler. The first post office in Lenora was established in June 1874. Geography Lenora is located at (39.610975, -100.001391). According to the United States Census Bureau, the city has a total area of , all land. Demographics 2020 census The 2020 United States census counted 207 people, 100 households, and 59 families in Lenora. The population density was 429.5 per square mile (165.8/km). There were 173 housing units at an average density of 358.9 per square mile (138.6/km). The racial makeup was 93.72% (194) white or European American (92.75% non-Hispanic white), 0.0% (0) black or African-American, 0.0% (0) Native American or Alaska Native, 0.0% (0) Asian, 0.0% (0) Pacific Islander or Native Hawaiian, 0.48% (1) from other races, and 5.8% (12) from two or more races. ...
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Recipe
A recipe is a set of instructions that describes how to prepare or make something, especially a dish (food), dish of prepared food. A sub-recipe or subrecipe is a recipe for an ingredient that will be called for in the instructions for the main recipe. Recipe books (also called cookbooks or cookery books) are a collection of recipes, help reflect cultural identity, cultural identities and social changes as well as serve as educational tools. History Early examples The earliest known written recipes date to 1730 BC and were recorded on cuneiform tablets found in Mesopotamia. Other early written recipes date from approximately 1600 BC and come from an Akkadian language, Akkadian tablet from southern Babylonia. There are also works in ancient Egyptian hieroglyphs depicting the preparation of food. Many ancient Greek recipes are known. Mithaecus's cookbook was an early one, but most of it has been lost; Athenaeus quotes one short recipe in his ''Deipnosophistae''. Athenaeus menti ...
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Author
In legal discourse, an author is the creator of an original work that has been published, whether that work exists in written, graphic, visual, or recorded form. The act of creating such a work is referred to as authorship. Therefore, a sculptor, painter, or composer is considered the author of their respective sculptures, paintings, or musical compositions. Although in common usage, the term "author" is often associated specifically with the writer of a book, Article (publishing), article, Play (theatre), play, or other written work. In cases involving a work for hire, the employer or commissioning party is legally considered the author of the work, even if it was created by someone else. Typically, the first owner of a copyright is the creator of the copyrighted work, i.e., the author. If more than one person created the work, then joint authorship has taken place. Copyright laws differ around the world. The United States Copyright Office, for example, defines copyright as "a ...
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Fact
A fact is a truth, true data, datum about one or more aspects of a circumstance. Standard reference works are often used to Fact-checking, check facts. Science, Scientific facts are verified by repeatable careful observation or measurement by experiments or other means. For example, "This sentence contains words." accurately describes a linguistic fact, and "The Sun is a star" accurately describes an astronomical fact. Further, "Abraham Lincoln was the 16th President of the United States" and "Abraham Lincoln was assassinated" both accurately describe history, historical facts. Generally speaking, facts are independent of belief and of knowledge and opinion. Facts are different from inferences, theories, values, and Object (philosophy), objects. Etymology and usage The word ''fact'' derives from the Latin ''factum''. It was first used in English with the same meaning: "a thing done or performed"a meaning now obsolete outside the law."Fact" (1a). Oxford English Dictionary_2d_ ...
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Harry Blackmun
Harold Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1970 to 1994. Appointed by President Richard Nixon, Blackmun ultimately became one of the most liberal justices on the Court. He is best known as the author of the Court's opinion in ''Roe v. Wade.'' Raised in Saint Paul, Minnesota, Blackmun graduated from Harvard Law School in 1932. He practiced law in the Twin Cities, representing clients such as the Mayo Clinic. In 1959, President Dwight D. Eisenhower appointed him to the United States Court of Appeals for the Eighth Circuit. After the defeat of two previous nominees, President Nixon successfully nominated Blackmun to the Supreme Court to replace Associate Justice Abe Fortas. Blackmun and his close friend, Chief Justice Warren Burger, were often called the "Minnesota Twins", but Blackmun drifted away from Burger during their tenure on the court. He re ...
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Threshold Of Originality
The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently originality, original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author" (insofar as it somehow reflects the author's personality), rather than "never having occurred or existed before" (which would amount to the protection of something new, as in patent protection). Copyright finds its international commonality in the Berne Convention that creates the foundation of several concepts of international copyright law; however, the threshold for attracting copyright is not defined. This threshold is up to each jurisdiction to determine. While works that do not meet these thresholds are not eligible for copyright protection, they may still be eligible for protection through other intellectual property laws, such a ...
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Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of copyright and patent laws in the United States, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. Madison proposed that the Constitution per ...
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Sine Qua Non
A ''sine qua non'' (, ) or ''condicio sine qua non'' (plural: ''condiciones sine quibus non'') is an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for " conditionwithout which it could not be", "but for...", or "without which here isnothing." Also, "''sine qua non'' causation" is the formal terminology for "but-for causation." Origin and spread As a Latin term, it occurs in the work of Boethius and originated in Aristotelian expressions. In Classical Latin, the form uses the word (from the verb , , to agree upon), but in later Latin the phrase is also used with , an error in translation as means ''construction'' and not ''condition''. It has passed from a merely legal usage to a more general usage in many languages, including English, German, French, Italian and Spanish. General usage US President Andrew Jackson once gave a toast on the occasion of his receiving an honorary doctorate from Harvard University, respon ...
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Originality
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality.Smith (1924)Waterhouse (1926)Macfarlane (2007) The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of." The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention". Royal Shakespeare Company (2007) ''The RSC Shakespeare - ...
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Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O'Connor was the first woman to serve as a U.S. Supreme Court justice. A moderate conservative, she was considered a swing vote. Before O'Connor's tenure on the Court, she was an Arizona state judge and earlier an elected legislator in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the United States Senate. O'Connor usually sided with the Court's conservative bloc but on occasion sided with the Court's liberal members. She often wrote concurring opinions that sought to limit the reach of the majority holding. Her majority opinions in landmark cases include '' Grutter v. Bollinger'' and '' Hamd ...
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