Shapiro, Bernstein And Co. V. H.L. Green Co.
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Shapiro, Bernstein And Co. V. H.L. Green Co.
''Shapiro, Bernstein and Co. v. H.L. Green Co.'', 316 F.2d 304 (2d Cir. 1963), was a landmark case dealing with secondary liability (vicarious liability) for copyright infringement. The law in question was Section 101(e) of the Copyright Act. Underlying action The trial court was the United States District Court for the Southern District of New York, and the judge was Thomas F. Murphy. The plaintiff in the underlying action was the proprietor of certain copyrights (Shapiro, Bernstein and Co. Shapiro, Bernstein & Co., Inc. is an American music publishing company established in 1900. History The company was established 1900 in New York City, New York's Tin Pan Alley by Maurice Shapiro (1872–1911), who had worked at Adelphi Music publi ...), and it sued two defendants: a record concessionaire (Jalen Amusement Company, Inc.), which allegedly infringed Shapiro's copyrights by selling bootleg copies, and the chain store in which the record concessionaire was based ( H. L. Green ...
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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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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Sterry R
Sterry is a surname. Notable people with the surname include: * Arthur W. Sterry (1883–1944), Australian filmmaker, actor and theatrical entrepreneur *Gwen Sterry (1905-?), English tennis player *Jamie Sterry (born 1995), English footballer * Norman Sterry (1878–1971), American lawyer and footballer *Peter Sterry (1613–1672), English independent theologian *Thomas Sterry Hunt Thomas Sterry Hunt (September 5, 1826February 12, 1892) was an American geologist and chemist. Biography Hunt was born at Norwich, Connecticut. He lost his father when twelve years old, and had to earn his own livelihood. In the course of two ye ...
(1826-1892), American geologist and chemist {{surname ...
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Irving Kaufman
Irving Robert Kaufman (June 24, 1910 – February 1, 1992) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States District Judge of the United States District Court for the Southern District of New York. Background Born to a Jewish family in Brooklyn, New York City, New York, Kaufman received a Bachelor of Laws from Fordham University School of Law in 1931. He was Jewish, but earned the nickname "Pope Kaufman" for his achievement in the required Christian doctrine classes at Fordham, a Catholic school. Career Kaufman entered private practice of law in New York City from 1932 to 1935. He was a Special Assistant United States Attorney of the Southern District of New York from 1935 to 1939. He returned to private practice in New York City from 1940 to 1949. He was an Assistant United States Attorney from 1939 to 1940. He was Special Assistant to the Attorney General of the United States from 1947 to 1948. Judge of the Un ...
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Edward Weinfeld
Edward Weinfeld (May 14, 1901 – January 17, 1988) was a United States district judge of the United States District Court for the Southern District of New York. Education and career Born on May 14, 1901, in New York City, New York, Weinfeld received a Bachelor of Laws in 1921 from the New York University School of Law and a Master of Laws in 1922 from the same institution. He served as chief counsel for the New York State Legislative Committee Investigating Bondholders Commission in 1935. He was the Commissioner of Housing for the State of New York from 1939 to 1942. He was Vice President and Director of the Citizens Housing and Planning Council for the State of New York from 1943 to 1950. His brother was New York assemblyman and judge Morris Weinfeld. Federal judicial service Weinfeld was nominated by President Harry S. Truman on July 10, 1950, to a seat on the United States District Court for the Southern District of New York vacated by Judge Simon H. Rifkind. He was con ...
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Landmark Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ...
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Secondary Liability
Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly infringing acts carried out by another party. The US has statutorily codified secondary liability rules for trademarks and patents, but for matters relating to copyright, this has solely been a product of case law developments. In other words, courts, rather than Congress, have been the primary developers of theories and policies concerning secondary liability. Early case law Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as ''Kalem Co. v. Harper Brothers''''Kalem Co. v. Harper Brothers''222 U.S. 55(1911). (the producer of the movie Ben Hur (1907 film) didn't himself infringe, but was responsible for making and commercially ...
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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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Thomas Francis Murphy
Thomas Francis Murphy (December 3, 1905 – October 26, 1995) was a United States district judge of the United States District Court for the Southern District of New York. Early life and education Born on December 3, 1905, in Manhattan, New York City, New York, Murphy's grandfather was a police officer and his father chief clerk of the city's Department of Water Supply, Gas and Electricity. Murphy attended Regis High School and then received an Artium Baccalaureus degree in 1927 from Georgetown University and a Bachelor of Laws in 1930 from Fordham University School of Law. He entered private practice of law until 1942. Career From 1942 to 1950, Murphy served as an Assistant United States Attorney for the Southern District of New York. He became head of the criminal division in 1944 and from 1949 to 1950 served as prosecutor in the two perjury trials of Alger Hiss, winning a conviction in the second after the first ended in a hung jury. Murphy served briefly as New York City ...
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1963 In United States Case Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the penumbral lunar eclipse and the annular solar eclipse, only 12 hours, 29 minutes after apogee. * January 19 – Soviet spy Gheorghe ...
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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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