Folsom V. Marsh
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Folsom V. Marsh
''Folsom v. Marsh'', 9. F.Cas. 342 (C.C.D. Mass. 1841) is a 19th-century US copyright case, widely regarded as the first "fair use" case in the United States. The opinion was written by Judge Joseph Story, who set forth four factors that are in use today, and were ultimately codified in the Copyright Act of 1976 as . Background The Reverend Charles Wentworth Upham, a writer and anthologist, had copied 353 pages from the plaintiff's 12-volume biography of George Washington in order to produce a separate two-volume work of his own. The work was published by Bela Marsh, of Marsh, Capen, and Lyon. The publisher Charles Folsom, of Folsom, Wells and Thurston, who had published the first set of letters (a twelve-volume edition edited by Jared Sparks), sued for "piracy of the copyright". The defendant argued that the papers were not copyrightable because, as the letters of a deceased author, they were not private property and not "proper subjects of copyright"; that even if copyright ...
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United States District Court For The District Of Massachusetts
The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and court session locations alternated between the two cities until 1813. That year, Boston became the court's permanent home. A western division was opened in Springfield in 1979 and a central division was opened in Worcester in 1987. The court's main building is the John Joseph Moakley Federal Courthouse on Fan Pier in South Boston. Appeals from the District of Massachusetts are heard by the United States Court of Appeals for the First Circuit, also located in the Moakley courthouse (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). U.S. Attorney's Office The United States Attorney's Office ...
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Jared Sparks
Jared Sparks (May 10, 1789 – March 14, 1866) was an American historian, educator, and Unitarian minister. He served as President of Harvard College from 1849 to 1853. Biography Born in Willington, Connecticut, Sparks studied in the common schools, worked for a time at the carpenter's trade, and then became a schoolteacher. In 1809–1811, he attended the Phillips Exeter Academy, where he met John G. Palfrey, who became a lifelong friend. He graduated from Harvard College, (now Harvard University), with an A.B. in 1815, and an A.M. in 1818. While an undergraduate, Sparks was a member of the Hasty Pudding. In 1812, he served as a tutor to the children of a family in Havre de Grace, Maryland. A few years later he taught in a private school at Lancaster, Massachusetts during 1815–1817. Sparks also studied theology and was college tutor in mathematics and natural philosophy at Harvard College in 1817–1819. In 1817–1818 he was acting editor of the ''North American Review ...
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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 1965-19 ...
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Rochelle C
Rochelle may refer to: Places in the United States *Rochelle, Florida *Rochelle, Georgia *Rochelle, Illinois *Rochelle, Texas * Rochelle, Virginia People * Rochelle (given name), including a list of people with this name * John of la Rochelle (died 1245), French Franciscan theologian Surname * Alexandra Rochelle (born 1983), French volleyballer * Claire Rochelle (1908–1981), American actress * June Rochelle, American soul singer *Karyn Rochelle, American country music songwriter *Robert Rochelle (born 1945), American politician Fictional characters * Rochelle (''Everybody Hates Chris''), a character from the television series ''Everybody Hates Chris'' *Rochelle, a playable character in ''Left 4 Dead 2'' *Rochelle Goyle, a character in ''Monster High'' Other uses *''Rochelle, Rochelle'', a fictional film described within the 1990s TV sitcom ''Seinfeld'' *''Rochelle'' (LB&SCR no.119), a London, Brighton and South Coast Railway E1 class See also *Rochelle School, a historic ...
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Jane C
Jane may refer to: * Jane (given name), a feminine given name * Jane (surname), related to the given name Film and television * ''Jane'' (1915 film), a silent comedy film directed by Frank Lloyd * ''Jane'' (2016 film), a South Korean drama film starring Lee Min-ji * ''Jane'' (2017 film), an American documentary film about Jane Goodall * ''Jane'' (2022 film), an American psychological thriller directed by Sabrina Jaglom * Jane (TV series), an 1980s British television series Music * ''Jane'' (album), an album by Jane McDonald * Jane (American band) * Jane (German band) * Jane, unaccompanied and original singer of "It's a Fine Day" in 1983 Songs * "Jane" (Barenaked Ladies song), 1994 * "Jane", a song by Ben Folds Five from their 1999 album ''The Unauthorized Biography of Reinhold Messner'' * "Jane" (Century song) * "Jane", a song by Elf Power * "Jane", a song by EPMD from '' Strictly Business'' * "Jane" (Jefferson Starship song), 1979 * "Jane", a song by the Loved Ones fro ...
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Books In The United States
As of 2018, several firms in the United States rank among the world's biggest publishers of books in terms of revenue: Cengage Learning, HarperCollins, Houghton Mifflin Harcourt, McGraw-Hill Education, Scholastic, Simon & Schuster, and Wiley. History In 1640 in Cambridge, Massachusetts, Stephen Daye produced the first book printed in British North America, the ''Bay Psalm Book''. The American Library Association formed in 1876, and the Bibliographical Society of America in 1904. The national Center for the Book began in 1977. Types * Children's books: United States and List of American children's books * American cookbooks * Astronomy books Bookselling Popular books in the 19th century included Sheldon's ''In His Steps'' (1896). 20th century bestsellers included Mitchell's ''Gone with the Wind'' (1936), Carnegie’s ''How to Win Friends and Influence People'' (1937), Spock’s ''Common Sense Book of Baby and Child Care'' (1946), Harris’ ''I'm OK – You're OK'' ...
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Lyman Ray Patterson
Lyman Ray Patterson (18 February 1929 – 5 November 2003) was an American law professor and an influential copyright scholar and historian. Biography Patterson was born in Macon, Georgia. He graduated from Mercer University, and obtained a master's degree in English from Northwestern University. After teaching English at Middle Georgia College, he joined the Army where he studied Russian at the Army Language School. During the Korean War he served as a translator of Russian radio broadcasts. Following the Army he attended law school at Mercer University. After practicing law for two years with the firm of Matthews, Maddox, Walton and Smith in Rome, Georgia he returned to the Mercer Law School to teach. During Patterson's tenure at Mercer he attended Harvard Law School and wrote his S.J.D. dissertation on the history of copyright law. He received the S.J.D. degree from Harvard in 1966. The dissertation became the foundation for his influential book ''Copyright in Histo ...
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1976 Copyright Act
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions. The Act spells out the basic rights of copyright holders, codified the doctrine of "fair use", and for most new copyrights adopted a unitary term based on the date of the author's death rather than the prior scheme of fixed initial and renewal terms. It became Public Law number 94-553 on October 19, 1976 and went into effect on January 1, 1978. History and purpose Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples. The Act was designed in part to address intellectual property questions raised by these new forms of communication. Aside ...
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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 ...
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Derivative Works
In copyright law A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ..., a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, Film adaptation, cinematic adaptations and Arrangement, musical arrangements are common types of derivative works. Most countries' legal systems seek to protect both original and derivative works. They grant authors the right to impede or otherwise control their integrity and the author' ...
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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 ...
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