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23 Aug 2018, 10:37 pm
” It went on to say that the ostinatos in both songs are identical, both ostinatos are nearly identical in pitch content and melodic contour as is the mechanical style, and that the timbre of the upper and primary voice are remarkably similar.However, the Defendants relied on the report of their own musicology expert who opined that “‘Dark Horse’ does not share any significant structural, harmonic, rhythmic, melodic, or lyrical similarities, individually or in… [read post]
3 Jan 2015, 11:17 am
" Functions of Appellate CourtsHemmer and the authors he references explain that generally courts of appeals can have two capacities: "a lawmaking capacity in which they" "announce, clarify, and harmonizes the rules of decisions" and "an error-correcting capacity, in which they" "determine if prejudicial errors were committed" in "applying those rules to facts. [read post]
15 Sep 2015, 7:34 pm
There has been some growing attention to IP and some movement at the level of Caricom to create a Caribbean Patent Convention with the intention of harmonizing the Patent laws in those Caricom countries which become signatories to it. [read post]
18 Mar 2014, 3:06 am
Common law countries are moving away from a labour-based, “sweat of the brow,” standard of originality, in decisions like Canada’s CCH (2004), India’s Eastern Book Co. (2007), and the landmark United States case of Feist (1991), and Europe’s recent Infopaq decision (2009/2013) confirms the harmonization trend towards higher-level requirements such as “skill and judgement,” a “modicum of creativity,” and “intellectual creation. [read post]
23 Mar 2013, 9:17 am
Morevoer, the listed Harmonized Tariff Schedule (HTS) 9703 number, which designates original sculptures and statuary, was off target say the prosecutors. [read post]
1 May 2015, 5:10 am
This includes concrete steps to: strengthen or establish partnerships with different stakeholders and processes, and utilize already existing policy instruments and tools;enhance the understanding and use of economic arguments to support action on environment and health; and harmonize with the forthcoming post-2015 sustainable development agenda.They also agreed to address the environment and health challenges of the 21st century posed by: complex risk factors: air, water, waste or… [read post]
10 May 2020, 2:32 am
[my own translation from Italian] From all this the Italian Supreme Court derived the following legal principle:An interior design plan or work, which reflects a unitary project that adopts a well-defined and visually relevant scheme displaying a clear ‘stylistic key’, concerning individual elements that are organized and coordinated to render a certain environment functional and harmonic, that is [something that reflects] the personal touch of the author, is protectable as… [read post]
4 May 2017, 5:22 pm
In an attempt to resolve this discrepancy and harmonize the application of the law the FCC embarked on a long and ultimately failed journey to classify broadband service as an “information service” under Title I while still retaining oversight akin to that for Title II telecommunications carriers through a now defunct legal theory known as ancillary jurisdiction. [read post]
1 Apr 2016, 1:13 pm
Identified avenues for enhanced judicial mechanism include: (i) National mechanisms overseen by regional human rights commissioners (appointed by the UNHRC or the regional human rights courts); (ii) specialised permanent tribunals at a regional level with some level of harmonization across tribunals and judges from the existing regional human rights courts; (iii) the extension of the Rome Statute in the International Criminal Court (ICC) to apply to corporate, as well as natural persons;… [read post]
17 Mar 2022, 10:15 am
“Recognizing that carbon emissions have no geographic boundaries, it’s critical that regulators from around the world work together to ensure a thoughtful and harmonized approach to carbon allowances, carbon offsets, and the related derivatives,” said Behnam.Diversity, equity, inclusion, and access. [read post]
15 Apr 2013, 3:43 am
As each of these terms have been interpreted differently in different Member States, causing potential confusion for data controllers operating in multiple jurisdictions, one of the main aims of the Working Party paper is to provide clearer, more harmonized interpretations of the principle. [read post]
10 Feb 2016, 7:16 pm
The policy problem might not be MNEs per se but rather the effects of production chains, which themselves might be understood as their own transnational legal orders, of which MNEs form a part.19 Indeed, the failure to clearly understand whether regulation should be aimed at MNEs, at the entities through which production chains are operationalized, or at the production chains themselves, evidence the difficulty of applying legal solutions where the regulatory object is conceptually ambiguous,… [read post]
27 Jul 2020, 5:58 am
The commissioner observed, "as a result, the Commission considered the actions taken by our fellow regulators, especially the SEC finalizing their capital and financial reporting rules in the interim, concerning capital and adopting their lessons learned and harmonizing where appropriate. [read post]
22 Mar 2015, 1:51 pm
Heading 4202 of the Harmonized Tariff Schedule of the United States sees lots of legal action for two reasons. [read post]
6 Nov 2015, 9:42 am
But he also points out that the two songs are melodically and harmonically different. [read post]
16 Sep 2021, 9:32 am
Ultimately, when the judges go home from such a conference, they have to apply their national laws, and structural differences are a barrier to harmonization. [read post]
21 May 2022, 6:30 am
The term “dissonance” as used in music theory describes the clash between two tones that do not blend harmonically, which results in a feeling of tension. [read post]
2 May 2024, 9:35 am
It found Iowa Code § 633A.1104 requires the trust code to be harmonized with past case law. [read post]
29 Jun 2017, 2:26 am
The originality test in France, at least with regard to photographic works, does not appear to be fully harmonized with CJEU case law, as elements alien to the European court's vocabulary such as "aesthetic parti pris" or the author's reputation are still taken into consideration. [read post]
12 Mar 2024, 6:01 pm
As such, the CSDDD creates a harmonized set of rules for all large companies operating in the EU, providing a much needed global level playing field and upholding the protection of all internationally recognized human rights. [read post]
