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The following are National Aeronautics and Space Administration (NASA) regulations relating to requirements for the filing of claims against NASA where a potential claimant believes NASA is infringing privately owned rights in patented inventions or copyrighted works. The requirements for filing an administrative claim are important since the filing of a claim carries with it certain rights relating to the applicable statute of limitations for filing suit against the Government. The regulations set forth guidelines as to what NASA considers necessary to file a claim for patent or copyright infringement, and they also provide for written notification to the claimant upon completion of an investigation by NASA.
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Implicit memories are memories that influence an individual's behavior even though the individual is not aware of their influence. Implicit memory is relevant to copyright law because implicit memories of songs, pictures, and phrases might influence a creator as she produces her own music, painting, or story. Implicit memory is likely involved in instances of unintentional plagiarism, or unconscious copying. Unconscious copying occurs when a creator is familiar with an original, copyrighted work, and this familiarity leads the creator to produce a work similar to the original without ever recognizing the influence or its source. Presently, copyright law treats unconscious copying no differently than conscious copying -- both deliberate and inadvertent copiers are liable for copyright in...
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Introduction. I. Copyright Infringement on the Internet. A. Digital Millennium Copyright Act. B. Internet Backbone Providers. C. Web Sites and Peer-to-Peer Services. D. Individual Civil Liability. E. Individual Criminal Liability. II. The Liability of Parents for Tortious Acts of Their Minor Children. A. Existence of Liability. 1. Full Immunity. 2. Negligent Supervision. 3. Family Purpose Doctrine. B. Deterrence in Juvenile Law. C. Remedy for Copyright Infringement by Minors. III. The Family Purpose Doctrine Should be Extended to Illegal File Swapping by Minors. A. Theories of Third-Party Parental Liability. 1. Applicable Doctrine. 2. Contributory Liability. a. Background. b. Knowledge. c. Material Contribution. 3. Vicario...
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An Ontario lawyer successfully moved for certification of a class action alleging that the Carswell database search and retrieval service known as "Li...
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Previously published in Bloomberg BNA.
1. Introduction
Recent cases reveal that seeking a reasonable royalty as a copyright remedy can be an unc...
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A federal judge has awarded more than $1.1 million to a major Washington, D.C.-based commercial real estate information company as compensation for unauthorized use of its online property database.
After holding a two-day bench trial in Greenbelt in late October, U.S. District Judge Alexander Williams Jr. decided this month that a Texas broker and appraiser and a Southern California mortgage company owe CoStar Realty Information Inc. damages for breach of contract and copyright infringement.
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U.S. Immigration and Customs Enforcement (ICE), a unit of the Department of Homeland Security (DHS), recently seized several websites on suspicion of ...
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Introduction. II. Background of Copyright Law and the Fair use Defense. III. The Problems Caused by Digitization and the Proposed Solutions. IV. The Application of the Commercial Use Test to Recent Cases Involving the Digitization of Media. A. Photos. B. Publications. C. Books. D. Music. V. Conclusion.
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Sykes addresses the relevance of the de minimis defense to music sampling copyright infringement cases and offers an alternative hypothetical standard to the tests currently used by the circuit courts. He also demonstrates that the currently employed formulations of the de minimis defense do not adhere to the policy behind copyright law. Further, he examines the de minimis defense and its use in two recent circuit cases dealing with sampling in copyright infringement actions.
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In Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Limited [2010] FCA 984, the Federal Court held that newspaper headlines...