Copyright Act Of 1909
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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 The 1909 Act was repealed and superseded by the Copyright Act of 1976, which went into effect on January 1, 1978; but some of 1909 Act's provisions continue to apply to copyrighted works created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 copyr ...
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Copyright Act Of 1870
The Copyright Act of 1870, also called the Patent Act of 1870 and the Trade Mark Act of 1870, was a revision to United States intellectual property law, covering copyrights and patents. Eight sections of the bill, sometimes called the Trade Mark Act of 1870, introduced trademarks to United States federal law, although that portion was later deemed unconstitutional after the '' Trade-Mark Cases''. Copyright For copyrights, the Act codified the right of authors to make dramatizations and translations of literary works; copyright had previously been denied to translations by the holding in '' Stowe v. Thomas'' (1853), in which Harriet Beecher Stowe unsuccessfully sued for infringement over a translation of ''Uncle Tom's Cabin'' into German. It also established a legal deposit requirement for copyrighted works; two copies of each work were to be submitted to the Library of Congress. Copyright amendments The act was amended several times for various purposes. * In 1873, Congress ...
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Compulsory License
A compulsory license provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of adjudication or arbitration. In essence, under a compulsory license, an individual or company seeking to use another's intellectual property can do so without seeking the rights holder's consent, and pays the rights holder a set fee for the license. This is an exception to the general rule under intellectual property laws that the intellectual property owner enjoys exclusive rights that it may license – or decline to license – to others. Under UK patent law, a compulsory license is different from a statutory license. Under statutory license, the rate is fixed by law, whereas in case of compulsory license, the rate is left to be negotiated or decided in court. Copyright law In a number of countries, copyright law provides for compulsory licenses of copyrighted works for specific uses. In many cases the r ...
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World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, massa ...
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Paper Print
Paper prints of films were an early mechanism to establish the copyright of motion pictures by depositing them with the Library of Congress. Thomas Alva Edison’s company was first to register each frame of motion-picture film onto a positive paper print, in 1893. The Library of Congress processed and cataloged each of the films as one photograph, accepting thousands of paper prints of films over a twenty-year period. An unintended but fortunate side-effect is that while the actual films and negatives of this period often decayed or were destroyed, the paper prints sat ignored until the 1940s and were conserved. When this copyright deposit method ended in 1912, actual film prints were registered. Many films made before 1912 were lost forever because their original elements (for example, nitrate film) were too unstable for any lasting preservation or conservation. Paper prints, though, came with their own unpredictable nature, bringing migration challenges that rival the difficu ...
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American Society Of Composers, Authors And Publishers
The American Society of Composers, Authors, and Publishers (ASCAP) () is an American not-for-profit performance-rights organization (PRO) that collectively licenses the public performance rights of its members' musical works to venues, broadcasters, and digital streaming services (music stores). ASCAP collects licensing fees from users of music created by ASCAP members, then distributes them back to its members as royalties. In effect, the arrangement is the product of a compromise: when a song is played, the user does not have to pay the copyright holder directly, nor does the music creator have to bill a radio station for use of a song. In 2021, ASCAP collected over US$1.335 billion in revenue and distributed $1.254 billion in royalties to its members. ASCAP membership included over 850,000 songwriters, composers and music publishers, with over 16 million registered works. History ASCAP was founded by Victor Herbert, together with composers George Botsford, Silvio Hein ...
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Victor Herbert
Victor August Herbert (February 1, 1859 – May 26, 1924) was an American composer, cellist and conductor of English and Irish ancestry and German training. Although Herbert enjoyed important careers as a cello soloist and conductor, he is best known for composing many successful operettas that premiered on Broadway from the 1890s to World War I. He was also prominent among the Tin Pan Alley composers and was later a founder of the American Society of Composers, Authors, and Publishers (ASCAP). A prolific composer, Herbert produced two operas, a cantata, 43 operettas, incidental music to 10 plays, 31 compositions for orchestra, nine band compositions, nine cello compositions, five violin compositions with piano or orchestra, 22 piano compositions and numerous songs, choral compositions and orchestrations of works by other composers, among other music. In the early 1880s, Herbert began a career as a cellist in Vienna and Stuttgart, during which he began to compose orchest ...
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Shanley's Restaurants
Shanley's Restaurants were elegant Manhattan eateries that operated from 1890 to 1925. History The first Shanley's Restaurant was located at 23rd Street and 6th Avenue. It was owned by Thomas J. Shanley, Bernard F. Shanley, Patrick J. Shanley and four other Shanley brothers. The restaurants were famous in Times Square until the Prohibition era, beginning with their initial restaurant in 1890. The brothers were born in County Leitrim, Ireland, and came to the United States in 1888. The last Shanley's closed in 1925. The first and last of the famous "lobster palaces" of Broadway was Shanley's. There were seven brothers in the clan and it was common jest in the early 1900s that whenever the Shanley's were about to open a new spot, they would send to Ireland for another brother. At one time there were four Shanley Restaurants operating concurrently. The head of the tribe was Tom Shanley. Tom and Barney Shanley opened a restaurant on Sixth Avenue, between 23rd and 24th Sts., then t ...
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Oliver Wendell Holmes, Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his a ...
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Statutory Damages
Statutory damages are a damage award in civil law, in which the amount awarded is stipulated within the statute rather than being calculated based on the degree of harm to the plaintiff. Lawmakers will provide for statutory damages for acts in which it is difficult to determine a precise value of the loss suffered by the victim. This could be because calculation of a value is impractical, such as in intellectual property cases where the volume of the infringement cannot be ascertained. It could also be because the nature of the injury is subjective, such as in cases of a violation of a person's rights. The award might serve not only as compensation but also for deterrence, and it is more likely to succeed in serving a deterrence function when the potential defendants are relatively sophisticated parties. Other functions that can be served by statutory damages include reducing administrative costs and clarifying the consequences of violating the law. The amount of statutory dama ...
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Legal Remedies
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that ser ...
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United States Supreme Court
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 court cases, and over state court cases that involve a point of federal law. It also has 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, the ability to invalidate a statute for violating a provision of the 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 over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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FindLaw
FindLaw is a business of Thomson Reuters Thomson Reuters Corporation ( ) is a Canadian multinational media conglomerate. The company was founded in Toronto, Ontario, Canada, where it is headquartered at the Bay Adelaide Centre. Thomson Reuters was created by the Thomson Corp ... that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. FindLaw.com is a free legal information website that helps consumers, small-business owners, students and legal professionals find answers to everyday legal questions and legal counsel when necessary. The site includes case law, state and federal statutes, a lawyer directory, and legal news and analysis. It also includes a free legal dictionary and magazine called '' Writ'', whose contributors (mostly legal academics) argue, explain and debate legal matters of topical interest. FindLaw ...
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