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Steinberg V. Columbia Pictures Industries, Inc.
''Steinberg v. Columbia Pictures Industries, Inc.'', 663 F. Supp. 706 (S.D.N.Y. 1987) was a federal case in which artist Saul Steinberg sued various parties involved with producing and promoting the 1984 movie ''Moscow on the Hudson'', claiming that a promotional poster for the movie infringed his copyright in a magazine cover, ''View of the World from 9th Avenue'', he had created for ''The New Yorker''. Procedural posture The case was heard in the Southern District of New York in front of Judge Louis L. Stanton. The defendants, including Columbia Pictures Industries, Inc., RCA Corporation, and several major newspapers, denied Steinberg's allegations of copyright infringement and asserted the affirmative defenses of (1) fair use as a parody, (2) estoppel, and (3) laches. Both parties moved for summary judgment. Outcome The court granted summary judgment to Steinberg on the issue of copyright infringement, finding that the defendants failed to prove any of their defenses. The two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Office
The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that maintains records of copyright registration, including a copyright catalog. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works. The head of the Copyright Office is the Register of Copyrights. Shira Perlmutter, who took office on October 26, 2020,and currently serves as Register. The Copyright Office is housed on the fourth floor of the James Madison Memorial Building of the Library of Congress, at 101 Independence Avenue SE, in Washington, DC. History The United States Constitution gives Congress the power to enact laws establishing a system of copyright in the United States. The first federal copyright law, called the Copyright Act of 1790, was enacted in May 1790 (with the first work being registered within two weeks). Originally, claims were recorded by Clerks of U.S. district courts. In 1870, copy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1987 In United States Case Law
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, killing everyone except a little girl; The King's Cross fire kills 31 people after a fire under an escalator flashes-over; The MV Doña Paz sinks after colliding with an oil tanker, drowning almost 4,400 passengers and crew; Typhoon Nina strikes the Philippines; LOT Polish Airlines Flight 5055 crashes outside of Warsaw, taking the lives of all aboard; The USS Stark is struck by Iraqi Exocet missiles in the Persian Gulf; U.S. President Ronald Reagan gives a famous speech, demanding that Soviet leader Mikhail Gorbachev tears down the Berlin Wall., 300x300px, thumb rect 0 0 200 200 Zeebrugge disaster rect 200 0 400 200 Northwest Airlines Flight 255 rect 400 0 600 200 King's Cross fire rect 0 200 300 400 Tear down this wall! rect 300 200 60 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nichols V
Nichols may refer to: People *Nichols (surname) *Nichol, a surname Places Canada * Nichols Islands, Nunavut United States * Nichols, California, an unincorporated community * Nichols Canyon, Los Angeles, California * Nichols, Connecticut * Nichols Farms Historic District, a village within Trumbull, Connecticut. * Nichols, Iowa * Nichols (village), New York * Nichols (town), New York * Nichols, South Carolina, a town * Nichols, Wisconsin, a village * Nichols Shore Acres, Wisconsin, an unincorporated community Military * Nichols Field, a former U.S. air base in the Philippines * Nichols' Regiment of Militia, a U.S. Revolutionary War unit * Camp Nichols, a historic fortification in Cimarron County, Oklahoma Organisations Education * Nichols College, in Dudley, Massachusetts * Nichols School, in Buffalo, New York * Nichols Hall, Kansas State University * Nichols House (Baltimore, Maryland), home of the president of Johns Hopkins University * Nichols Arboretum, Ann Arbor campus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Satire
Satire is a genre of the visual, literary, and performing arts, usually in the form of fiction and less frequently non-fiction, in which vices, follies, abuses, and shortcomings are held up to ridicule, often with the intent of shaming or exposing the perceived flaws of individuals, corporations, government, or society itself into improvement. Although satire is usually meant to be humorous, its greater purpose is often constructive social criticism, using wit to draw attention to both particular and wider issues in society. A feature of satire is strong irony or sarcasm —"in satire, irony is militant", according to literary critic Northrop Frye— but parody, burlesque, exaggeration, juxtaposition, comparison, analogy, and double entendre are all frequently used in satirical speech and writing. This "militant" irony or sarcasm often professes to approve of (or at least accept as natural) the very things the satirist wishes to question. Satire is found in many a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the List of United States cities by population density, most densely populated major city in the United States, and is more than twice as populous as second-place Los Angeles. New York City lies at the southern tip of New York (state), New York State, and constitutes the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area, the largest metropolitan area in the world by urban area, urban landmass. With over 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York is one of the world's most populous Megacity, megacities, and over 58 million people live within of the city. New York City is a global city, global Culture of New ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scènes à Faire
A ''scène à faire'' ( French for "scene to be made" or "scene that must be done"; plural: ''scènes à faire'') is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre. Examples in different genres For example, a spy novel is expected to contain elements such as numbered Swiss bank accounts, a femme fatale, and various spy gadgets hidden in wristwatches, belts, shoes, and other personal effects. The United States Court of Appeals for the Second Circuit interpreted the ''scènes à faire'' doctrine expansively to hold that a motion picture about the South Bronx would need to feature drunks, prostitutes, vermin, and derelict cars to be perceived as realistic, and therefore a later film that duplicated these features of an earlier film did not infringe. These eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantial Similarity
Substantial similarity, in US copyright law, is the standard used to determine whether a defendant has infringed the reproduction right of a copyright. The standard arises out of the recognition that the exclusive right to make copies of a work would be meaningless if copyright infringement were limited to making only exact and complete reproductions of a work. Many courts also use "substantial similarity" in place of "probative" or "striking similarity" to describe the level of similarity necessary to prove that copying has occurred. A number of tests have been devised by courts to determine substantial similarity. They may rely on expert or lay observation or both and may subjectively judge the feel of a work or critically analyze its elements. Substantial similarity in copyright infringement To win a claim of copyright infringement in civil or criminal court, a plaintiff must show he or she owns a valid copyright, the defendant actually copied the work, and the level of copyin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
