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17 Nov 2022, 4:57 am by centerforartlaw
What is more insidious and harrowing, however, is the sudden triumph of copyright over the right to free speech, where the Supreme Court has made it clear time and again that it is inviolable.[35] A ruling in favor of Goldsmith allows copyright to overreach, thus chilling the rights of artists who express themselves through image. [read post]
17 Nov 2022, 4:57 am by centerforartlaw
What is more insidious and harrowing, however, is the sudden triumph of copyright over the right to free speech, where the Supreme Court has made it clear time and again that it is inviolable.[35] A ruling in favor of Goldsmith allows copyright to overreach, thus chilling the rights of artists who express themselves through image. [read post]
16 Apr 2022, 9:05 pm by Carl Custer
ReferencesAlban, L., Poulsen, M.K., Petersen, J.V., Lindegaard, L.L., Meinert, L., Koch, A.G. and Møgelmose, V., 2022. [read post]
29 Aug 2008, 1:00 pm
Thus, once granted, access privileges can also be amended over time. [read post]
6 Jun 2023, 4:30 am by Guest Author
    Relatedly, it was good to see the new A-4’s acknowledgment that formal cost-benefit analysis (CBA) doesn’t always work—sometimes agencies are unable “to quantify and express all of the important effects of a regulation in monetary units,” thus precluding any meaningful calculation of net benefits. [read post]
30 Oct 2012, 1:56 am by Andrew Lavoott Bluestone
" "Turning to the legislative history, as originally enacted in 1962, CPLR 3101 exempted expert witnesses from disclosure (see CPLR former 3101 [L 1962, ch 308]; Governor's Program Bill 1985 Memo, Bill Jacket, L 1985, ch 294 at 6). [read post]
2 Nov 2016, 1:26 pm by Naomi Jane Gray
Hallmark Cards, Inc., 833 F.2d 117, 123 (8th Cir. 1987) (affirming denial of fees where plaintiff’s claims were weak but “not baseless”). [7] Noxell, 771 F.2d at 526. [8] Nat’l Ass’n of Prof’l Baseball Leagues, Inc. v. [read post]
2 Nov 2016, 1:26 pm by Naomi Jane Gray
Hallmark Cards, Inc., 833 F.2d 117, 123 (8th Cir. 1987) (affirming denial of fees where plaintiff’s claims were weak but “not baseless”). [7] Noxell, 771 F.2d at 526. [8] Nat’l Ass’n of Prof’l Baseball Leagues, Inc. v. [read post]
17 Jul 2015, 5:28 pm
Thus, there is a possible issue as to whether TM, despite any impropriety in her issuing an executor's deed to herself, nonetheless acquired a mortgageable interest in the property as the testamentary beneficiary following the death of Mattie Dickens. [read post]
9 Feb 2015, 10:58 am by Rebecca Tushnet
The court would not infer, “from uncertain terms in the Lanham Act, a declaration from Congress adopting the famous marks exception captured in Article 6bis, thus creating a cause of action therein. [read post]
12 Jun 2017, 9:08 am
The firm thus terminated his access to the online portal. [read post]
22 Nov 2019, 9:15 am
[paras 37-39] All this said, the CJEU also recalled that consent can be expressed in different ways, including implicitly.With regard to the rebuttable presumption envisaged in the French law, the Court considered that: a performer who is himself involved in the making of an audiovisual work so that it may be broadcast by national broadcasting companies, and who is thus present at the place where such a work is recorded for those purposes, first, is aware of the envisaged use of… [read post]