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Zacchini V. Scripps-Howard Broadcasting Co.
''Zacchini v. Scripps-Howard Broadcasting Co.'', 433 U.S. 562 (1977), was an important U.S. Supreme Court case concerning rights of publicity. The Court held that the First and Fourteenth Amendments do not immunize the news media from civil liability when they broadcast a performer's entire act without his consent, and the Constitution does not prevent a state from requiring broadcasters to compensate performers. It was the first time (and so far the only time) the Supreme Court heard a case on rights of publicity. Facts and procedural history Petitioner Hugo Zacchini had a human cannonball act which he performed at various venues. During August 1972, he was performing his act at the Geauga County Fair in Burton, Ohio. On August 30, Zacchini noticed a freelance reporter from Scripps-Howard Broadcasting (which operated WEWS-TV in Cleveland) who had brought a movie camera into the fair. Zacchini asked the reporter not to film his act. The reporter did not film Zacchini's ac ...
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Bloomberg BNA
Bloomberg Industry Group (formerly known as Bloomberg BNA, The Bureau of National Affairs, Inc., and BNA) is an affiliate of Bloomberg L.P. and a source of legal, tax, regulatory, and business information for professionals. It is headquartered in Arlington County, Virginia. The CEO of the company is Josh Eastright. The company was founded in 1929 by David Lawrence and became employee-owned in 1947. When it was acquired by Bloomberg in September 2011, it was the oldest employee-owned company in the United States. History Early history (1929–2011) The Bureau of National Affairs, Inc. (BNA) was founded in 1929 by newsman David Lawrence as a subsidiary of ''United States Daily'', now known as the '' U.S. News & World Report''. BNA's first publication was U.S. Patent, Trademark & Copyright Reports (now United States Patent Quarterly). In 1946, Lawrence sold BNA to five of his top editors: Dean Dinwoodey, John D. Stewart, Ed Donnell, Adolph Magidson and John Taylor. The editor ...
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Ohio District Courts Of Appeal
The Ohio District Courts of Appeals are the intermediate appellate courts of the U.S. state of Ohio. The Ohio Constitution provides for courts of appeals that have jurisdiction to review final appealable orders. There are twelve appellate districts, each consisting of at least one county, and the number of judges in each district varies from four to twelve. Each case is heard by a three-judge panel. There are currently 69 courts of appeals judges as provided by statute. A court of appeals judge is an elected position, with a term of six years. The Ohio Supreme Court has the discretion to review cases from the courts of appeals, but generally the appeals process in Ohio ends with the decision of the court of appeals. Judicial districts Judges First District Court of Appeals Second District Court of Appeals Third District Court of Appeals Fourth District Court of Appeals Fifth District Court of Appeals Sixth District Court of Appeals Seventh District Court of A ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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False Light
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being", rather than to protect a plaintiff's reputation as is the case with the tort of defamationFALSE LIGHT
by Professor Edward C. Martin – ,
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Time, Inc
Time Inc. was an American worldwide mass media corporation founded on November 28, 1922, by Henry Luce and Briton Hadden and based in New York City. It owned and published over 100 magazine brands, including its namesake ''Time'', ''Sports Illustrated'', ''Travel + Leisure'', ''Food & Wine'', ''Fortune'', ''People'', ''InStyle'', ''Life'', ''Golf Magazine'', ''Southern Living'', ''Essence'', ''Real Simple'', and ''Entertainment Weekly''. It also had subsidiaries which it co-operated with the UK magazine house Time Inc. UK (which was later sold and since has been rebranded to TI Media), whose major titles include ''What's on TV'', ''NME'', '' Country Life'', and ''Wallpaper''. Time Inc. also co-operated over 60 websites and digital-only titles including ''MyRecipes'', ''Extra Crispy'', ''TheSnug'', HelloGiggles, and ''MIMI''. In 1990, Time Inc. merged with Warner Communications to form the media conglomerate Time Warner. In 2018, media company Meredith Corporation acquired Time ...
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Adequate And Independent State Ground
The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts. Introduction It is part of the basic framework of the American legal system that the U.S. Supreme Court is the ultimate arbiter of questions of federal law but the state courts are the ultimate arbiters of the laws of each state. ''See, e.g., Hortonville Joint School District No. 1. v. Hortonville Education Ass’n'', 426 U.S. 482, 488 (1976) (“We are, of course, bound to accept the interpretation of tatelaw by the highest court of the State.”). Thus, generally speaking, the U.S. Supreme Court has the authority (“jurisdiction”) to review state court determinations of federal law, but lacks jurisdiction to review state court determinations of state law. ''See'28 U.S.C. § 1257 This general rule is simple to apply in cases clearly involving only one body of law. If that law is federal, then ...
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Ohio State Constitution
The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since U.S. state, statehood was granted. Ohio was created from the easternmost portion of the Northwest Territory. In 1787, the Congress of the Confederation of the United States passed the Northwest Ordinance, establishing a territorial government and providing that "[t]here shall be formed in the said territory, not less than three nor more than five states." The Ordinance prohibited slavery and provided for freedom of worship, the right of ''habeas corpus'' and trial by jury, and the right to make bail except for capital offenses. Ohio courts have noted that the Northwest Ordinance "was ever considered as the fundamental law of the territory." 1802 Constitution The Ohio territory's population grew steadily in the 1790s and early 19th century. Congress passed an enabling bill ...
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Byron White
Byron "Whizzer" Raymond White (June 8, 1917 April 15, 2002) was an American professional football player and jurist who served as an associate justice of the U.S. Supreme Court from 1962 until his retirement in 1993. Born and raised in Colorado, White played college football, basketball, and baseball for the University of Colorado, finishing as a consensus All-American and the runner-up for the Heisman Trophy in 1937. He was the fourth overall selection of the 1938 NFL Draft—taken by the Pittsburgh Pirates—and led the National Football League in rushing yards in his rookie season. White spent a year at Oxford University as a Rhodes Scholar before his admission to Yale Law School in 1939, during which period he played for the Detroit Lions in the 1940 and 1941 seasons while still attending law school. During World War II, he served as an intelligence officer with the United States Navy in the Pacific Theatre. After the war, he graduated from Yale Law School ranked firs ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Ohio Supreme Court
The Ohio Supreme Court, Officially known as The Supreme Court of the State of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution. The court has seven members, a chief justice and six associate justices, who are elected at large by the voters of Ohio for six-year terms. The court has a total of 1,550 other employees. Since 2004, the court has met in the Thomas J. Moyer Ohio Judicial Center (formerly known as the Ohio Departments Building) on the east bank of the Scioto River in Downtown Columbus. Prior to 2004, the court met in the James A. Rhodes State Office Tower and earlier in the Judiciary Annex (now the Senate Building) of the Ohio Statehouse. The Ohio Supreme Court and the rest of the judiciary is established and authorized within Article IV of the Ohio Constitution. Justices All the seats on the court are elected at large by the voters of Ohio. Every two years, two of the associate ...
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Common Law Copyright
Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and real property. The proponents of this doctrine contended that creators had a perpetual right to control the publication of their work (also see perpetual copyright). The "natural right" aspect of the doctrine was addressed by the courts in the United Kingdom ('' Donaldson v. Beckett'', 1774) and the United States (''Wheaton v. Peters'', 1834). In both countries, the courts found that copyright is a limited right under statutes and subject to the conditions and terms the legislature sees fit to impose. The decision in the UK did not, however, directly rule on whether copyright was a common-law right. In the United States, common law copyri ...
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