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Common Law Copyright
Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property. The proponents of this doctrine contended that creators had a perpetual right to control the publication of their work (also see perpetual copyright). The "natural right" aspect of the doctrine was addressed by the courts in the United Kingdom ('' Donaldson v. Beckett'', 1774) and the United States ('' Wheaton v. Peters'', 1834). In both countries, the courts found that copyright is a limited right under statutes and subject to the conditions and terms the legislature sees fit to impose. The decision in the UK did not, however, directly rule on whether copyright was a common-law right. In the United States, common law cop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damages in special circumstances. With the shift of the Exchequer of Pleas toward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gyles V Wilcox
''Gyles v Wilcox'' (1740) 26 ER 489 was a decision of the Court of Chancery of EnglandSaunders (1992), 29. that established the doctrine of fair abridgement, which would later evolve into the concept of fair use. The case was heard and the opinion written by Philip Yorke, 1st Earl of Hardwicke, and concerned Fletcher Gyles, a bookseller who had published a copy of Matthew Hale's '' Pleas of the Crown''. Soon after the initial publication, the publishers Wilcox and Nutt hired a writer named Barrow to abridge the book, and repackaged it as ''Modern Crown Law''. Gyles sued for a stay on the book's publishing, claiming his rights under the Statute of Anne had been infringed. The main issues in the case were whether or not abridgements of a work inherently constituted copyright infringement, or whether they could qualify as a separate, new work. Lord Hartwicke ruled that abridgements fell under two categories: "true abridgements" and "coloured shortenings". True abridgements present ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Act Of 1909
The Copyright Act of 1909 () was a landmark statute in United States statutory copyright law. It went into effect on July 1, 1909. The 1909 Act was repealed and superseded by the Copyright Act of 1976, which went into effect on January 1, 1978; but some of 1909 Act's provisions continue to apply to copyrighted works created before 1978. It allowed for works to be copyrighted for a period of 28 years from the date of publication and extended the renewal term from 14 years (effective as of the Copyright Act of 1831) to 28 years, for a maximum of 56 years (in place of the former 42 years). Background Before the 1909 Act, the last major revision to United States copyright law was the 1790 Act. Methods of reproducing and duplicating works subject to copyright had significantly increased since the 1790 Act. President Theodore Roosevelt expressed the need for a complete revision of copyright law as opposed to amendments, saying in a message to Congress in December 1905, "Our copy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flo & Eddie Inc
''Flo'' is an American sitcom television series and a spin-off of ''Alice'' that aired on CBS from March 24, 1980, to June 30, 1981. The series starred Polly Holliday reprising her role as sassy and street-smart waitress Florence Jean "Flo" Castleberry who returns to her hometown of Fort Worth, Texas—referred to as "Cowtown"—and becomes the proprietor of a rundown old roadhouse that she renames "Flo's Yellow Rose". Although the series started strong-in the Top 10 during its short first season run -repeated timeslot changes resulted in it falling out of the Top 40 shows by mid-March 1981. It was subsequently not renewed when CBS announced its 1981 fall lineup at the May upfronts. Synopsis After four seasons as a waitress at Mel's Diner on ''Alice'', Flo is on her way to a new restaurant hostess job in Houston, Texas as described in her final appearance, " Flo's Farewell" (season 4, episode 18). She stops to visit her family in her hometown of Cowtown, Texas (Cowtown is the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law ove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monopoly
A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a specific person or company, enterprise is the only supplier of a particular thing. This contrasts with a monopsony which relates to a single entity's control of a Market (economics), market to purchase a good or service, and with oligopoly and duopoly which consists of a few sellers dominating a market. Monopolies are thus characterized by a lack of economic Competition (economics), competition to produce the good (economics), good or Service (economics), service, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb ''monopolise'' or ''monopolize'' refers to the ''process'' by which a company gains the ability to raise ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Star Chamber
The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters. It was originally established to ensure the fair enforcement of laws against socially and politically prominent people sufficiently powerful that ordinary courts might hesitate to convict them of their crimes. However, it became synonymous with social and political oppression through the arbitrary use and abuse of the power it wielded. In modern times, legal or administrative bodies with strict, arbitrary rulings, no "due process" rights to those accused, and secretive proceedings are sometimes metaphorically called "star chambers". Origin of the name The first reference to the "star chamber" is in 1398, as the ''Sterred chambre''; the more common f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Pratt, 1st Earl Camden
Charles Pratt, 1st Earl Camden, PC (baptised 21 March 1714 – 18 April 1794) was an English lawyer, judge and Whig politician who was first to hold the title of Earl Camden. As a lawyer and judge he was a leading proponent of civil liberties, championing the rights of the jury, and limiting the powers of the State in leading cases such as '' Entick v Carrington''. He held the offices of Chief Justice of the Common Pleas, Attorney-General and Lord High Chancellor of Great Britain, and was a confidant of Pitt the Elder, supporting Pitt in the controversies over John Wilkes and American independence. However, he clung to office himself, even when Pitt was out of power, serving in the cabinet for fifteen years and under five different prime ministers. During his life, Pratt played a leading role in opposing perpetual copyright, resolving the regency crisis of 1788 and championing Fox's Libel Bill. He started the development of the settlement that was later to become Camde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Lyttelton, 2nd Baron Lyttelton
Thomas Lyttelton, 6th Baronet, 2nd Baron Lyttelton (30 January 1744 – 27 November 1779) was an English member of parliament, MP and profligate from the Lyttelton family. Life Sometimes dubbed "the wicked Lord Lyttelton" and "bad Lord Lyttelton" to discredit his independence from the political parties and religious dogmas of his era, he was the son of George Lyttelton, 1st Baron Lyttelton, George Lyttelton, 1st Baron Lyttelton and 5th Baronet, and his wife Lucy Fortescue. His mother died when he was two years old. He was talented in his early years, particularly in drawing. Educated at Eton College, Eton and Christ Church, Oxford where he matriculated in 1761, he was also a reader of poetry, his favourite poet being John Milton. His father, George Lyttelton, 1st Baron Lyttelton, the 1st Lord Lyttelton, held political posts including Privy Council of the United Kingdom, Privy Councillor, a Lord of the Treasury and Chancellor of the Exchequer. He himself was a good friend of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lords does not control the term of the prime minister or of the government. Only the lower house may forc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donaldson V Beckett
''Donaldson v Becket'' (1774) 2 Brown's Parl. Cases (2d ed.) 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the British House of Lords that held that copyright in published works was not perpetual but was subject to statutory limits. Some scholars disagree on the reasoning behind the decision. Name The spelling of the chief respondent in the case, Thomas Becket, sometimes appears as Beckett. For those looking to choose one spelling over the other, it would be more correct to use Becket. Firstly, Becket overwhelmingly spelled his surname ''t'', not ''tt''. Secondly, many of the original contemporaneous records in the case also spelled his surname ''Becket''. Those records include the original proceedings of the dispute in the Court of Chancery. Additionally, the manuscript records of the appeal in the House of Lords, including the manuscript minutes and manuscript journal of the House of Lords, caption the case using the spelli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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