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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 United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, 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 United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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University Of Michigan
, mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As of October 25, 2021. , president = Santa Ono , provost = Laurie McCauley , established = , type = Public research university , academic_affiliations = , students = 48,090 (2021) , undergrad = 31,329 (2021) , postgrad = 16,578 (2021) , administrative_staff = 18,986 (2014) , faculty = 6,771 (2014) , city = Ann Arbor , state = Michigan , country = United States , coor = , campus = Midsize City, Total: , including arboretum , colors = Maize & Blue , nickname = Wolverines , sporti ...
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E-book
An ebook (short for electronic book), also known as an e-book or eBook, is a book publication made available in digital form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. Although sometimes defined as "an electronic version of a printed book", some e-books exist without a printed equivalent. E-books can be read on dedicated e-reader devices, but also on any computer device that features a controllable viewing screen, including desktop computers, laptops, tablets and smartphones. In the 2000s, there was a trend of print and e-book sales moving to the Internet, where readers buy traditional paper books and e-books on websites using e-commerce systems. With print books, readers are increasingly browsing through images of the covers of books on publisher or bookstore websites and selecting and ordering titles online; the paper books are then delivered to the reader by mail or another delivery service. With e-b ...
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Perfect 10, Inc
Perfect commonly refers to: * Perfection, completeness, excellence * Perfect (grammar), a grammatical category in some languages Perfect may also refer to: Film * ''Perfect'' (1985 film), a romantic drama * ''Perfect'' (2018 film), a science fiction thriller 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) (2016) * ''perfecT'', an album by Sam Shaber * ''Perfect'', an album by True Fa ...
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Kelly V
Kelly may refer to: Art and entertainment * Kelly (Kelly Price album) * Kelly (Andrea Faustini album) * ''Kelly'' (musical), a 1965 musical by Mark Charlap * "Kelly" (song), a 2018 single by Kelly Rowland * ''Kelly'' (film), a 1981 Canadian film * ''Kelly'' (Australian TV series), an Australian television * ''Kelly'' (talk show), a Northern Ireland television talk and variety show * The Kelly Family, an Irish-American-European music group * ''Kelly Kelly'' (TV series), a 1998 U.S. sitcom on the WB television network * "Kelly", a 2019 single by Peakboy * Kelly West/ Zelena, a character on ''Once Upon a Time'' * Kelly (The Walking Dead), a fictional character from The Walking Dead People * Kelly (given name) * Kelly (surname) * Clan Kelly, a Scottish clan * Kelly (musician), a character portrayed by Liam Kyle Sullivan * Kelly (murder victim), once known as the "El Dorado Jane Doe" Places Australia * Kelly, South Australia, a locality * Kelly Basin, Tasmania * Hundred o ...
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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 Stat ...
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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 must ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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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, 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 (FAW), Walter Stone, invited delegates from all other writers' societies to a meeting in Sydney to discuss the formation of a national organisation to ...
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Writers' Union Of Canada
The Writers' Union of Canada (TWUC), founded in 1973, describes itself as supporting "the country's authors by advocating for their rights, freedoms, and economic well-being." Its members are professional writers who must have published at least one book. The union addresses government and industry about public lending rights, tax reform, copyright legislation, freedom of expression and other industry issues. The union also provides publications, professional development programs, contract advice, grievance assistance, manuscript evaluation service, group health benefits, funding for public and school readings and numerous opportunities for communication and networking within the industry. The union administers the Danuta Gleed Literary Award for the best first collection of short stories in English published in Canada. The union also administers the Writing for Children Competition, Postcard Story Contest, and Short Prose Competition. Each year the union awards the Freedom to R ...
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Authors Guild
The Authors Guild is America's 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 Second Circui ...
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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 de ...
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