Monge V. Maya Magazines, Inc.
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Monge V. Maya Magazines, Inc.
''Monge v. Maya Magazines, Inc.'' 688 F.3d 1164 (9th Cir. 2012) is a copyright lawsuit where the court determined if the publication of previously unpublished photographs in a celebrity gossip magazine constitutes fair use. Latin American celebrities singer Noelia Lorenzo and music producer Jorge Reynoso claimed that Maya Publishing Group, LLC and Maya Magazines, Inc. infringed their copyrights by publishing previously unpublished photos of their secret wedding in their celebrity gossip magazine "TVNotas". Background On January 3, 2007, Pop singer and model Noelia Lorenzo Monge and her manager, Jorge Reynoso, a music producer married in secret at the "Little White Wedding Chapel" in Las Vegas, Nevada. Only the two chapel employees and the minister witnessed the ceremony. The chapel employees assisted Monge in taking three wedding photos, which the couple intended for private use. Their wedding was kept hidden from the public and their families for two years. Oscar Viqueira a pa ...
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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 Accountabil ...
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Milan Smith
Milan Dale Smith Jr. (born May 19, 1942) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009. Milan Smith is neither a Republican nor a Democrat. Early life and education Smith was born in Pendleton, Oregon. He is the son of Milan D. Smith Sr., who served on the staff of Secretary of Agriculture Ezra Taft Benson. Smith received a Bachelor of Arts degree from Brigham Young University in 1966. Smith attended The University of Chicago Law School on a full-tuition scholarship, from which he graduated in 1969 with a Juris Doctor. Career After law school, Smith became an associate attorney at the Los Angeles firm of O'Melveny & Myers. In 1972, Smith left O'Melveny to co-found his own law firm, Smith & Hilbig, which eventually became Smith, Crane, Robinson & Parker. He was a President-General Counsel of the Los An ...
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Rudi M
Rudi, born Albert Rudolph (January 24, 1928 – February 21, 1973), also known as Swami Rudrananda, was born in Brooklyn, New York. Rudi was a spiritual teacher and an antiquities entrepreneur in New York City.Swami Rudrananda udi ''Spiritual Cannibalism''. Links Books, New York, 1973, First Edition. Life and career Early years Albert Rudolph was born January 24, 1928, to impoverished Jewish parents in Brooklyn, New York. His father abandoned the family when he was young. According to his autobiography, Rudolph's first spiritual experience occurred at age 6 in a park. Two Tibetan Buddhist lamas appeared out of the air and stood before him. They told him they represented the heads of the "Red Hat" and "Yellow Hat" sects, and they were going to place within him the energy and wisdom of Tibetan Buddhism. Several clay jars appeared, which they said they would put inside his solar plexus. The lamas said these jars would stay in him and begin to open at age 31. He would the ...
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Copyright
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, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Noelia
Noelia Lorenzo (Née Noelia Lorenzo Monge; born August 31, 1979) mostly known as Noelia, is a Puerto Rican pop singer who rose to fame in 1999. Her self-titled debut album was certified as a RIAA gold album in the United States. During her career she has had ten Latin ''Billboard (magazine), Billboard'' Top 40 hits and Five Top 40 ''Billboard'' Dance/Club Play Songs. She is a Latin ''Billboard'' Award Winner. Musical career Noelia started working on her first full-length album in 1998. The Noelia (album), self-titled album was released in 1999, making her debut at the Madison Square Garden. The album produced the hit single "Tú (Noelia song), Tú", written by Estéfano. The album was certified gold in the U.S. In 2000 she released her second album, ''Golpeando Fuerte''. Her third album, ''Natural'', released in 2003 featured another hit song, "Clávame Tu Amor", which peaked at No. 5 on ''Billboard (magazine), Billboard'' Hot Latin Tracks. The album also featured songwri ...
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Paparazzo
Paparazzi (, ; ; singular: masculine paparazzo or feminine paparazza) are independent photographers who take pictures of high-profile people; such as actors, musicians, athletes, politicians, and other celebrities, typically while subjects go about their usual life routines. Paparazzi tend to make a living by selling their photographs to media outlets that focus on tabloid journalism and sensationalism (such as gossip magazines). Description Paparazzi tend to be independent contractors, unaffiliated with mainstream media organizations, and photos taken are usually done so by taking advantage of opportunities when they have sightings of high-profile people they are tracking. Some experts have described the behavior of paparazzi as synonymous with stalking, and anti-stalking laws in many countries address the issue by seeking to reduce harassment of public figures and celebrities, especially when they are with their children. Some public figures and celebrities have expressed ...
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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 applied ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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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, an ...
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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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2012 In United States Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ...
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