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Copyright Misuse
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law. The doctrine forbids the copyright holder from attempting to extend the effect or operation of copyright beyond the scope of the statutory right, for example, by engaging in restrictive licensing practices that are contrary to the public policy underlying copyright law. In fact, the misuse doctrine is said to have evolved to tackle such aggressive licensing practices. Requirements Although the doctri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law ('' aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (general) In jurisdictions following the English common law syste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United States federal judicial district, districts: * United States District Court for the Central District of Illinois, Central District of Illinois * United States District Court for the Northern District of Illinois, Northern District of Illinois * United States District Court for the Southern District of Illinois, Southern District of Illinois * United States District Court for the Northern District of Indiana, Northern District of Indiana * United States District Court for the Southern District of Indiana, Southern District of Indiana * United States District Court for the Eastern District of Wisconsin, Eastern District of Wisconsin * United States District Court for the Western District of Wisconsin, Western District of Wisconsin The court is b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to Limitations and exceptions to copylimitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, Performing rights, public performance, and moral rights such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Misuse
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent. Patent misuse that restrains economic competition substantially can also violate United States antitrust law.. Definition Patent misuse is a patent owner's improper use of patent rights, speaking very generally, to expand the scope or term of the patent. Examples of such patent misuse include forcing customers to agree to pay royalties on unpatented products or to pay royalties on an expired patent. This particular type of patent misuse can take place without a violation of antitrust laws. But it violates such policies of US patent law as the monopoly of a patent is confined to what its claims cover and once a patent expires the public has an unlimited rig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kai Puolamäki
Kai Puolamäki is a Finnish physicist and Internet activist. He has been a vocal spokesman of the Finnish anti-copyright movement. Academic career Puolamäki graduated from the University of Helsinki in 1996. In 2001 he presented his doctoral thesis titled ''Breaking of R-parity and supersymmetry in supersymmetric models''. His earlier publications in physics have included articles on the Higgs boson. Since 2003 his publications have concentrated on information technology and pattern recognition. He now works as researcher (equivalent to a North American assistant professor) at the Helsinki University of Technology in the Laboratory of Computer and Information Science (the former laboratory of professor emeritus Teuvo Kohonen). Internet activism Puolamäki is a founder and board member of Electronic Frontier Finland, the Finnish counterpart to the Electronic Frontier Foundation, and has written many of the group's position papers. He has been a regular expert witness on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyfraud
A copyfraud is a false copyright claim by an individual or institution with respect to content that is in the public domain. Such claims are unlawful, at least under US and Australian copyright law, because material that is not copyrighted is free for all to use, modify and reproduce. Copyfraud also includes overreaching claims by publishers, museums and others, as where a legitimate copyright owner knowingly, or with Knowledge (legal construct)#Constructive knowledge, constructive knowledge, claims rights beyond what the law allows. The term ''copyfraud'' was coined by Jason Mazzone, a Professor of Law at the University of Illinois at Urbana–Champaign, University of Illinois.Katyal, Sonia K. and Simone C. Ross"Can technoheritage be owned?", ''The Boston Globe'', May 1, 2016 Because copyfraud carries little or no oversight by authorities and few legal consequences, it exists on a massive scale, with millions of works in the public domain falsely labelled as copyrighted. Paymen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Censorship By Copyright
Copyright can be used to enact censorship. Criticism of copyCritics of copyright argue that copyright has been abused to suppress free speech, as well as criticism, business competition, Research, academic research, Investigative journalism, investigative reporting (and Freedom of the press, freedom of press) and Art, artistic expression. The most common form of censorship by copyright concerns the abuse of the Digital Millennium Copyright Act (DMCA) either by copyright holders or by the service providers. The DMCA forces web hosts to be overly sensitive to claims of copyright infringement and act as de facto gatekeepers, infringing upon fair use as well as facilitating abuse in the form of Copyfraud, bogus copyright claims. Reasons Strong-arm deterrence tactic The use of censorship of copyright has been described as a legal "strong-arm" tactic (guerrilla litigation) aimed at creating deterrents for future copyright infringement by educating the public about the copyright. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Delhi High Court
The High Court of Delhi ( Hindustani: दिल्ली उच्च न्यायालय; ''dillī uchcha nyāyālaya'') is the high court in Delhi, India. It was established on 31 October 1966, through the ''Delhi High Court Act, 1966.'' Below it are 11 Subordinate Courts that oversee smaller judicial districts. The court gets its powers from Chapter V in Part VI of the Constitution of India. History Established in 1919, the High Court of Judicature at Lahore exercised jurisdiction over the then provinces of Punjab and Delhi. This continued until the Indian Independence Act 1947, establishing the dominions of India and Pakistan. On 15 August 1947 the High Courts (Punjab) Order, 1947 established a new High Court for the territory of what was then East Punjab. The India (Adaptation of Existing Indian Laws) Order, 1947 provided that any reference in an existing Indian law to the High Court of Judicature at Lahore, be replaced by a reference to the High Court of East Punja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright Law Of India
The Copyright Act, 1957 as amended governs the subject of copyright law in India. The Act is applicable from 21 January 1958. The history of copyright law in India can be traced back to its colonial era under the British Empire. The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957. The most recent amendment was in the year 2012, through the Copyright (Amendment) Act 2012. India is a member of most of the important international conventions governing the area of copyright law, including the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1951, the Rome Convention of 1961 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Initially, India was not a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) but subsequently entered the treaty in 2013. Applicable Copyright Act befor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Dealing
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defences against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention and i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United States federal judicial district, districts: * United States District Court for the District of Delaware, District of Delaware * United States District Court for the District of New Jersey, District of New Jersey * United States District Court for the Eastern District of Pennsylvania, Eastern District of Pennsylvania * United States District Court for the Middle District of Pennsylvania, Middle District of Pennsylvania * United States District Court for the Western District of Pennsylvania, Western District of Pennsylvania This circuit also hears appeals from the District Court of the Virgin Islands, which is an Article IV United States territorial court, territorial court and not a district court under Article III of the Constitution. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
