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Société Plon Et Autres V. Pierre Hugo Et Autres
''Société Plon et autres v. Pierre Hugo et autres'', 04-15.543 Arrêt n° 125 (Jan. 30, 2007) is a decision by the First Civil Chamber of the Cour de Cassation (the high court in France) which ruled that François Cérésa's adaptations/sequels of ''Les Misérables'' do not per se violate the droit moral of its author Victor Hugo and his estate. Droit moral originated in France, this case serves to limit the scope of that right and expand the public domain in French copyright law. This overruled and remanded to the lower appeals court, the Cour d'Appeal de Paris, which had declared a symbolic 1 Euro penalty, declaring that "no sequel can ever be added to so great a work as ''Les Misérables''".Sur l'arrêt de la Cour d'appel de Paris du 31 mars 2004 : RIDA, oct. 2004, p.292, F.Pollaud-Dulian ; Com. com. élec. 2004, n°50, C.Caron. Background of the case Ceresa wrote ''Cosette'' (titled Cosette ou le temps des illusions in French) and ''Marius'' (French title Marius o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of the Fr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 10 Of The European Convention On Human Rights
Article 10 of the European Convention on Human Rights provides the right to Freedom of Expression and Information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider. Official Article Definition Limitations to the Freedom of Expression Freedom of Expression is not an absolute right, meaning it is able to be interfered with by states and other public authority bodies. However, each state is allowed a Margin of Appreciation. An acceptance of varying historical, legal, political, and cultural differences, which may lead the application of such freedom to be slightly varied in its nature despite the widespread adoption of the article. Such differences in the application have been allowed as long as the Freedom of Expression is as found in The Observer and The Guardian v United Kingdom (1991)."Narrowly interpreted and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2007 In France
This article lists events from the year 2007 in France. Incumbents * President: Jacques Chirac (until 17 May), Nicolas Sarkozy (starting 17 May) * Prime Minister: Dominique de Villepin (until 17 May), François Fillon (starting 17 May) Events January – March *5 January – Citroën officially launches the Citroën C4 Picasso range of MPV's. *1 March – Airbus announces that it will cease work indefinitely on the A380F freight aircraft. April – June *22 April – The first round of the presidential election takes place. *6 May – Nicolas Sarkozy is elected President, defeating Ségolène Royal with 53% of the vote in the Presidential Election. *16 May – Sarkozy officially becomes President after taking over from Jacques Chirac. *10 June – The first round of Legislative elections is held. *15 June – The all-new Renault Twingo goes on sale in France as well as Italy, Slovenia and the rest of Europe. The old Twingo is set to cease production on 28 June. *17 June ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Case Law
The following is a list of cases that deal with issues of concern to copyright in various jurisdictions. Some of these cases are leading English cases as the law of copyright in various Commonwealth jurisdictions developed out of English law while these countries were colonies of the British Empire. Other cases provide background in areas of copyright law that may be of interest for the legal reasoning or the conclusions they reach. Australia *'' Victoria Park Racing & Recreation Grounds Co Ltd v Taylor'', idea-expression divide *'' Cuisenaire v Reed'', (a literary work cannot be infringed by a three-dimensional reproduction) *'' Pacific Film Laboratories v Commissioner of Tax'', considered negative rights - the power to prevent the making of a physical thing by copying. *'' Zeccola v Universal City Studios Inc'', there is no copyright in the idea of a theme or a story, but there may be a time where a combination of events and characters reaches sufficient complexity as to give r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Case Law
French (french: français(e), link=no) may refer to: * Something of, from, or related to France ** French language, which originated in France, and its various dialects and accents ** French people, a nation and ethnic group identified with France ** French cuisine, cooking traditions and practices Fortnite French places Arts and media * The French (band), a British rock band * "French" (episode), a live-action episode of ''The Super Mario Bros. Super Show!'' * ''Française'' (film), 2008 * French Stewart (born 1964), American actor Other uses * French (surname), a surname (including a list of people with the name) * French (tunic), a particular type of military jacket or tunic used in the Russian Empire and Soviet Union * French's, an American brand of mustard condiment * French catheter scale, a unit of measurement of diameter * French Defence, a chess opening * French kiss, a type of kiss involving the tongue See also * France (other) * Franch, a surname * French ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital media, digital subscribers. It also is a producer of popular podcasts such as ''The Daily (podcast), The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones (publisher), George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won List of Pulitzer Prizes awarded to The New York Times, 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national "newspaper of record". For print it is ranked List of newspapers by circulation, 18th in the world by circulation and List of newspapers in the United States, 3rd in the U.S. The paper is owned by the New York Times Company, which is Public company, publicly traded. It has been governed by the Sulzberger family since 189 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Le Monde
''Le Monde'' (; ) is a French daily afternoon newspaper. It is the main publication of Le Monde Group and reported an average circulation of 323,039 copies per issue in 2009, about 40,000 of which were sold abroad. It has had its own website since 19 December 1995, and is often the only French newspaper easily obtainable in non-French-speaking countries. It is considered one of the French newspapers of record, along with '' Libération'', and ''Le Figaro''. It should not be confused with the monthly publication '' Le Monde diplomatique'', of which ''Le Monde'' has 51% ownership, but which is editorially independent. A Reuters Institute poll in 2021 in France found that "''Le Monde'' is the most trusted national newspaper". ''Le Monde'' was founded by Hubert Beuve-Méry at the request of Charles de Gaulle (as Chairman of the Provisional Government of the French Republic) on 19 December 1944, shortly after the Liberation of Paris, and published continuously since its first edit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spiritual Successor
A spiritual successor (sometimes called a spiritual sequel) is a product or fictional work that is similar to, or directly inspired by, another previous work, but (unlike a traditional prequel or sequel) does not explicitly continue the product line or media franchise of its predecessor, and is thus only a successor "in spirit". Spiritual successors often have similar themes and styles to their source material, but are generally a distinct intellectual property. In fiction, the term generally refers to a work by a creator that shares similarities to one of their earlier works, but is set in a different continuity, and features distinct characters and settings. Such works may arise when licensing issues prevent a creator from releasing a direct sequel using the same copyrighted characters and names as the original. The term is also used more broadly to describe a pastiche work that intentionally evokes similarities to pay homage to other influential works, but is also distinct enou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derivative Work
In copyright law, 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's commercial interests. Derivative works and their authors benefit in turn from the full protection of copyright without prejudicing the rights of the original work's author. Definition Berne The Berne Convention for the Protection of Literary and Art ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trademark Dilution
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner. For example, a famous trademark used by one company to refer to hair care products might be ''diluted'' if another company began using a similar mark to refer to breakfast cereals or spark plugs. Dilution is a basis of trademark infringement that applies only to famous marks. With a non-famous mark, the owner of the mark must show that the allegedly infringing use creates a likelihood of confusion as to the source of the product or service being identified by the allegedly infringing use: it is highly unlikely a likelihood of confusion will be found if the products or services are in unrelated markets. With a famous mark, any ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transformativeness
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use Test (law), test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive. Transformativeness is a characteristic of such derivative works that makes them transcend, or place in a new light, the underlying works on which they are based. In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable. Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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