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Fisher V. Dees
''Fisher v. Dees'' was a 1986 case of the United States Court of Appeals for the Ninth Circuit whose judgement refined the doctrine of fair use in American copyright law. History and impact In 1984, Rick Dees, a disc jockey, sought and was refused permission to use Marvin Fisher's song " When Sunny Gets Blue", with the intention of creating a "comedic and inoffensive" version. Although the request was rejected, Dees released an album, ''Put It Where the Moon Don't Shine,'' with a song entitled "When Sonny Sniffs Glue". It sampled from the very recognizable main theme, along with recognizably altered song lyrics: When Sunny gets blue, her eyes get gray and cloudy, then the rain begins to fall was changed to: When Sonny sniffs glue, her eyes get red and bulgy, then her hair begins to fall. The parody used 29 seconds of the song. Fisher and his affiliated parties filed a complaint on the grounds of unfair competition, defamation and copyright infringement. With respect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accounta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use
Fair use is a 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. Unlike " fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns 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 the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Copyright Law
The copyright law of the United States grants monopoly 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 limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works 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 explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rick Dees
Rigdon Osmond Dees III (born March 14, 1950), best known as Rick Dees, is an American entertainer, radio personality, comedian, actor, and voice artist, best known for his internationally syndicated radio show '' The Rick Dees Weekly Top 40 Countdown'' and for the 1976 satirical novelty song " Disco Duck". Dees is a People's Choice Award recipient, a Grammy-nominated performing artist, and Broadcast Hall of Fame inductee. He performed the title song for the film ''Meatballs''. He co-founded the E. W. Scripps television network Fine Living, now the Cooking Channel, and has hosted ''Rick Dees in the Morning'' at 102.7 KIIS FM and Hot 92.3 in Los Angeles. Today he continues his own syndicated daily radio show, ''Daily Dees'' and the syndicated ''Rick Dees Weekly Top 40 Countdown.'' Early life Dees was born Rigdon Osmond Dees III in Jacksonville, Florida, on March 14, 1950. He was raised in Greensboro, North Carolina. Dees graduated from Greensboro's Grimsley High School and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
When Sunny Gets Blue
"''When Sunny Gets Blue''" is a song written by Marvin Fisher (music) and Jack Segal (lyrics), which has become a jazz standard. The song was originally recorded in September 1956 by Johnny Mathis backed by Ray Conniff and his Orchestra, released in February 1957 as the B-side of Mathis's debut single "Wonderful! Wonderful!". The song was included on the compilation album ''Johnny's Greatest Hits'', released in April 1958. The album was a smash hit, staying on the ''Billboard'' pop chart for 490 weeks, including 3 weeks at number 1, and 57 weeks in the Top Ten. The song was recorded in January 1957 by June Christy for her album '' Fair and Warmer!'', released later that year. Pete Rugolo arranged and conducted for Christy. Around the same time, Nat King Cole recorded it for his album '' Love Is the Thing'', with this rendition praised by music critic Will Friedwald as displaying Cole's "tenderness, compassion and empathy". Arranger Gordon Jenkins backed Cole. Legal case "When Su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Competition (tort)
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws differ among state and federal laws to ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service. Anti-competitive behaviour is used by business and governments to lessen competition within the markets so that monopolies and dominant firms can generate superno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of 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 make derivative works. The copyright holder is typically 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 court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use Doctrine
Fair use is a 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. Unlike " fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns 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 the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Case Law
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 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 Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Use Case Law
A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Types Variations of fairs include: * Art fairs, including art exhibitions and arts festivals * County fair (USA) or county show (UK), a public agricultural show exhibiting the equipment, animals, sports and recreation associated with agriculture and animal husbandry. * Festival, an event ordinarily coordinated with a theme e.g. music, art, season, tradition, history, ethnicity, religion, or a national holiday. * Health fair, an event designed for outreach to provide basic preventive medicine and medical screening * Historical reenactments, including Renaissance fairs and Dickens fairs * Horse fair, an event where people buy and sell horses. * Job fair, event in which employers, recruiters, and schools give information to potential employees. * Regional or state fair, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
