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20 Feb 2015, 7:29 am
 Another of particular interest, coming up on 18 March at the University of Westminster, is the mock negotiation of the sale/purchase of a music publishing company (details here).Over in the United States, the College Art Association (CAA) has just published its new Code of Best Practices in Fair Use for the Visual Arts. [read post]
6 Feb 2013, 9:45 am by Sheppard Mullin
” Even if international law had been violated, the act of state doctrine applied and Konowaloff’s action was barred. [read post]
3 Jul 2018, 7:10 am
For I have come to set a man against his father, and a daughter against her mother, and a daughter-in-law against her mother-in-law; and one’s foes will be members of one’s own household. [read post]
24 May 2021, 11:29 am
Richardson School of Law Library of the University of Hawaii at Manoa. 2. [read post]
14 Sep 2023, 3:39 am by Eleonora Rosati
The technique of "electronic copying of audio fragments" (sampling) at issue here, in which a user takes an audio fragment from a phonogram and uses it to create a new work, is a form of artistic expression that falls under the freedom of art protected by Art. 13 EU Charter of Fundamental Rights (CJEU, C-476/17). [read post]
24 May 2021, 11:29 am
Richardson School of Law Library of the University of Hawaii at Manoa. 2. [read post]
5 Feb 2018, 10:27 am by Howard Friedman
Haile, Reconsidering Selective Conscientious Objection, (January 31, 2018).Rachel Sklar, Holocaust-Era Art Restitution Claims: Is the HEAR Act a Game Changer? [read post]
16 Apr 2015, 6:37 am by Michelle Buhalo
Some popular titles available in print at Jenkins are Gilson on Trademarks, McCarthy on Trademarks and Unfair Competition, and Lindey on Entertainment, Publishing, and the Arts: Agreements and the Law. [read post]
18 Jan 2019, 4:42 am by Jessica Kroeze
Such an implicit disclosure would mean no more than the clear and unambiguous consequence of what is explicitly mentioned in the prior art. [read post]
14 Dec 2018, 3:05 am
The answers to these questions, together with the one on fundamental rights one (see in what follows), are those that have likely caused the highest level of concern among initial commentators.Should sampling be regarded as an act of reproduction, the German court is asking in fact whether unlicensed sampling might be nonetheless shielded from liability due to it being considered a 'free use' under German law or a 'quotation' under Article 5(3)(d) of the InfoSoc… [read post]
13 Dec 2013, 12:24 am
In this case, users could be automatically readdressed to a re-educative webpage drafted by AGCOM (Art. 8(5)). [read post]
16 Apr 2013, 5:01 pm by oliver randl
However, the appellant did not discharge its burden of proof for the existence of such a standard method for shear-thinning and/or thixotropic liquid chocolate concentrates (see Case Law, 6th edition 2010, sections VI.H.5.1.1 and VI.H.5.2). [read post]
8 May 2022, 1:47 pm by Eleonora Rosati
The prevailing and explicitly stated opinion in case law has for decades been that applied art is only protected against identical or close-to-identical reproductions due to the lack of alternatives when designing such works. [read post]
7 Mar 2018, 11:38 pm
However, this result is in-line with EU-Law (Art. 8 (2) of Regulation No 864/2007 - Rome II) and CJEU jurisprudence (C-173/11 Football Dataco, para. 31), since S. [read post]
16 Feb 2024, 10:23 am by Rebecca Tushnet
This causes trouble in law, particularly First Amendment law, where images revel in their multiplicity of meaning—proved fatal to artists in court, Serra v. [read post]
5 May 2008, 4:30 am
A federal appeals court once remarked that "the valuation of a closely held company is an inexact science", adding, "some might say an art" (Okerlund v. [read post]
15 Mar 2023, 10:16 am by Rebecca Tushnet
We would be better positioned to understand the law and to decide future cases if courts were honest about their uses of the commercial/noncommercial line to police whether trademark law can be used for more than anti-fraud purposes. [read post]