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Salinger V. Random House
''Salinger v. Random House, Inc.'', 811 F.2d 90 (2d Cir. 1987) is a United States case on the application of copyright law to unpublished works. In a case about author J. D. Salinger's unpublished letters, the Second Circuit held that the right of an author to control the way in which their work was first published took priority over the right of others to publish extracts or close paraphrases of the work under "fair use". In the case of unpublished letters, the decision was seen as favoring the individual's right to privacy over the public right to information. However, in response to concerns about the implications of this case on scholarship, Congress amended the Copyright Act in 1992 to explicitly allow for fair use in copying unpublished works, adding to 17 U.S.C. 107 the line, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."17 U.S.C. 107. Background J. D. Salinger (1919–20 ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ...
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Jamie Hamilton (publisher)
James Hamish Hamilton (15 November 1900 – 24 May 1988) was a half-United States, American half-Scottish people, Scottish rowing (sport), rower who competed for Great Britain in the 1928 Summer Olympics. He founded the publishing house Hamish Hamilton Limited. Hamilton studied law and language at Gonville and Caius College, Cambridge before attracting attention as an oarsman with Thames Rowing Club. He was a member of the Thames eight (rowing), eight which won the Grand Challenge Cup at Henley Royal Regatta in 1927. The Thames eight including Hamilton, won the Grand Challenge Cup again in 1928 and was chosen to represent Great Britain rowing at the 1928 Summer Olympics where they won a silver medal. He married Jean Forbes-Robertson in 1929, but the marriage ended in 1933. Hamilton was an employee of the book department at Harrod's before founding his own publishing house ''Hamish Hamilton'' in the 1930s. He went on to publish a large number of promising British and America ...
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Illegal Per Se
In US law, the term illegal ''per se'' means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of ''scienter'' (knowledge) or other defenses. Acts are made illegal ''per se'' by statute, constitution or case law. Drunk driving Many drunk driving laws make driving with a blood alcohol content over a certain limit (such as 0.05% or 0.08%) an act which is illegal ''per se''. Antitrust In the United States, illegal ''per se'' often refers to categories of anti-competitive behavior in antitrust law conclusively presumed to be an "unreasonable restraint on trade" and thus anti competitive. The United States Supreme Court has, in the past, determined activities such as price fixing, geographic market division, and group boycott to be illegal ''per se'' regardless of the reasonableness of such actions. Traditionally, illegal ''per se'' anti-trust acts describe horizontal market arrangements among competitors ...
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Wendell Willkie
Wendell Lewis Willkie (born Lewis Wendell Willkie; February 18, 1892 – October 8, 1944) was an American lawyer, corporate executive and the 1940 Republican nominee for President. Willkie appealed to many convention delegates as the Republican field's only interventionist: although the U.S. remained neutral prior to Pearl Harbor, he favored greater U.S. involvement in World War II to support Britain and other Allies. His Democratic opponent, incumbent President Franklin D. Roosevelt, won the 1940 election with about 55% of the popular vote and took the electoral college vote by a wide margin. Willkie was born in Elwood, Indiana, in 1892; both his parents were lawyers, and he also became one. He served in World War I but was not sent to France until the final days of the war, and saw no action. Willkie settled in Akron, Ohio, where he was initially employed by Firestone, but left for a law firm, becoming one of the leaders of the Akron Bar Association. Much of his work wa ...
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Harper & Row V
Harper may refer to: Names * Harper (name), a surname and given name Places ;in Canada * Harper Islands, Nunavut *Harper, Prince Edward Island ;In the United States *Harper, former name of Costa Mesa, California in Orange County *Harper, Illinois * Harper, Indiana *Harper, Iowa *Harper, Kansas * Harper, Kentucky *Harper, Missouri *Harper, Logan County, Ohio *Harper, Ross County, Ohio *Harper, Oregon *Harper, Texas *Harper, Utah *Harper, Washington * Harper, Wyoming ;Elsewhere *Harper, Liberia * Harper River in Canterbury, New Zealand *Harper Adams University, Shropshire, United Kingdom. Court cases * ''Harper'' ''v''. ''Virginia Board of Elections'', 383 U.S. 663 (1966), overruling ''Breedlove'' ''v''. ''Suttles'', 302 U.S. 277 (1937) Other uses * Harper, a harp player * ''Harper'' (film), a 1966 film starring Paul Newman and Lauren Bacall * Harper (publisher), an American publishing house, the imprint of global publisher HarperCollins *Harper College, a community college ...
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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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Unfair Competition
Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * Unfair (song), a song by South Korean boy group EXO {{Disambig ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Copyright Violation
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 hav ...
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Copyright Registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source. Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases. Requirement of registration It is a common misconception to con ...
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Uncorrected Proof
In printing and publishing, proofs are the preliminary versions of publications meant for review by authors, editors, and proofreaders, often with extra-wide margins. Galley proofs may be uncut and unbound, or in some cases electronically transmitted. They are created for proofreading and copyediting purposes, but may also be used for promotional and review purposes. Historical galley proofs Proof, in the typographical sense, is a term that dates to around 1600. The primary goal of proofing is to create a tool for verification that the job is accurate. All needed or suggested changes are physically marked on paper proofs or electronically marked on electronic proofs by the author, editor, and proofreaders. The compositor, typesetter, or printer receives the edited copies, corrects and re-arranges the type or the pagination, and arranges for the press workers to print the final or published copies. Galley proofs or galleys are so named because in the days of hand-set letter ...
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Random House
Random House is an American book publisher and the largest general-interest paperback publisher in the world. The company has several independently managed subsidiaries around the world. It is part of Penguin Random House, which is owned by German media conglomerate Bertelsmann. History Random House was founded in 1927 by Bennett Cerf and Donald Klopfer, two years after they acquired the Modern Library imprint from publisher Horace Liveright, which reprints classic works of literature. Cerf is quoted as saying, "We just said we were going to publish a few books on the side at random," which suggested the name Random House. In 1934 they published the first authorized edition of James Joyce's novel ''Ulysses'' in the Anglophone world. ''Ulysses'' transformed Random House into a formidable publisher over the next two decades. In 1936, it absorbed the firm of Smith and Haas—Robert Haas became the third partner until retiring and selling his share back to Cerf and Klopfer in 19 ...
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