fair comment and criticism definition

4110 results for fair comment and criticism definition

  • vLex Rating
  • 510 U.S. 569 (1994), 92-1292, Campbell v. Acuff-Rose Music, Inc.

    ... holding that its song was a parody that made fair use of the original song. See Copyright Act of .... . for purposes such as criticism [or] comment . . . is not an infringement . . .," ...    The germ of parody lies in the definition of the Greek parodeia, quoted in Judge ...

  • 471 U.S. 539 (1985), 83-1632, Harper & Row, Publishers, Inc. v. Nation Enterprises

    ... expression was sanctioned as a "fair use" of the copyrighted material under § 107 of ... a copyrighted work for purposes such as comment and news reporting is not an infringement of ... no independent commentary, research or criticism, in part because of the need for speed if he was ... strike[s] a definitional balance between the First Amendment and the ...

  • 497 U.S. 1 (1990), 89-645, Milkovich v. Lorain Journal Co.

    ... Restatement (Second) of Torts § 566, Comment a:. Under the law of defamation, an expression ... valuable public debate, the privilege of "fair comment" was incorporated into the common law as ... by a concern that, with respect to the criticism of public officials in their conduct of ... (use of the word "traitor" in literary definition of a union "scab" not basis for a defamation ...

  • 540 U.S. 93 (2003), 02-1674, McConnell v. Federal Election Commission

    ...All activities that fall within this definition must be funded with hard money. § 441i(b)(1). ...)(B)(i), which excludes news items and commentary from the electioneering communications ... requirement that their alleged injury be "fairly traceable" to § 307, see Lujan, supra, at 562, ... scrutiny has given rise to significant criticism in the past from our dissenting colleagues. See, ...

  • 541 F.2d 1 (C.D. Cir. 1976), 73-2205, Ethyl Corp. v. E.P.A.

    ..., the Administrator, after notice and comment, determined that the automotive emissions caused ...Case law and dictionary definition agree that endanger means something less than ... may be unnecessarily opaque, we think a fair reading disproves petitioners' suggestion. The ... interested parties may offer informed criticism and comments. See, e. g., Portland Cement Assn v. ...

  • 371 U.S. 415 (1963), 5, National Association for the Advancement

    ... by attorneys so as to broaden the definition of solicitation of legal business to include ... overbreadth does not depend upon absence of fair notice to a criminally accused or upon ... has, to be sure, been professional criticism of certain applications of these policies. 10 ... 67, but it is also true, as that same commentator has well stated, that "[v]agueness is not an ...

  • 385 U.S. 374 (1967), 22, Time, Inc. v. Hill

    .... . or his eccentricities commented upon either in handbills, circulars, catalogues, ... in this posture, I do not think it can fairly be said that there has been a binding jury ... "breathing space" than that granted in criticism of public officials.         First, we ... and the New York cases emphasize this definition. The most important recent case is Spahn v. ...

  • 558 U.S. 310 (2010), 08-205, Citizens United v. Federal Election Commission

    ... by individuals—are not sustainable under a fair reading of the statute. Pp. 888 - 892, 175 ...'s "electioneer­ing communication" definition: They referred to then-Senator Clinton by name ... depicts interviews with political commentators and other persons, most of them quite critical of ... by most viewers as an ex­tended criticism of Senator Clinton's character and her fitness ...

  • Transformation' Of Fair Use Back To Its Section 107 Roots

    ... use" dates back to a seminal 1990 Harvard Law Review commentary entitled "Toward a Fair Use Standard"5 by current Second Circuit ... to fair use, Leval postured that while no simple definition of fair use can be fashioned .. recognition of the function of ... examples of lawful "transformative" uses, Leval cited criticism, "exposing the character of the original author, proving a fact, ...

  • 395 U.S. 575 (1969), 573, National Labor Relations Board v. Gissel Packing Co., Inc.

    ... practices which have made the holding of a fair election unlikely, or which have undermined a ... can demand an election with a simple "no comment" to the union. The Board pointed out, however, ..., on grounds of uncertainty about the definition of the unit and because a poll taken by the ... Compare criticism of Board policy, particularly its treatment of ...

  • 403 U.S. 29 (1971), 66, Rosenbloom v. Metromedia

    ... the news media a privilege to report and comment upon the official actions of public servants in ... or legislative proceedings if the account is fair and accurate, and not published solely for the ... can command media attention to counter criticism may be true for some very prominent people, even ... have to fashion constitutional definitions" of \"negligence\" and of \"actual damages.\".    \xC2"...

  • 388 U.S. 130 (1967), 37, Curtis Publishing Co. v. Butts

    ... Compare, e.g., Pearson v. Fairbanks Publishing Co., 413 P.2d 711 (Alaska), with ... in a prior opinion and the extrajudicial comments of one Justice 7 that some applications of libel ... be founded on the assumption that criticism of private citizens who seek to lead in the ...Its definition of "actual malice" is not so restrictive that ...

  • 491 U.S. 657 (1989), 88-10, Harte-Hanks Communications, Inc. v. Connaughton

    ... be fully encompassed in one infallible definition," St. Amant v. Thompson , 390 U.S. 727, 730 ... question must be prefaced by additional comment on some of the important conflicts in the ..., and that the majority's opinion cannot fairly be read to hold that the content of the article ...'s vituperous public statements and criticism of the Enquirer; (3) that the Enquirer's initial ...

  • 469 U.S. 528 (1985), 82-1913, Garcia v. San Antonio Transit Authority

    ... wage and overtime requirements of the Fair Labor Standards Act (FLSA) under National League ... merely by relying on a priori definitions of state sovereignty. In part, this is because of ... follows, Part II addresses the Court's criticisms of National League of Cities. Part III reviews ...313 (J. Cooke ed.1961). The Framers' comments indicate that the sphere of state activity was to ...

  • Payday, Vehicle Title, and Certain High-Cost Installment Loans

    The Bureau of Consumer Financial Protection (Bureau or CFPB) is issuing this final rule establishing regulations creating consumer protections for certain consumer credit products and the official interpretations to the rule. First, the rule identifies it as an unfair and abusive practice for a lender to make covered short-term or longer- term balloon-payment loans, including payday and vehicle...

    ... on July 22, 2016.\1\ Following a public comment period and review of comments received, the ... Product definition and regulatory environment. As noted above, ...In response to criticism that such a charter might enable payday lenders ... Business Regulatory Enforcement and Fairness Act (SBREFA),\328\ which is discussed in more ...

  • 424 U.S. 448 (1976), 74-944, Time, Inc. v. Firestone

    ... predicated upon such injury are, by definition, not actions for defamation. But Florida has ... damages in "an amount of money that will fairly and adequately compensate her for such damages," ....         App. 523. After commenting on the conflicting testimony as to respondent's ... to extensive public scrutiny and criticism." Sheppard v. Maxwell , 384 U.S. 333, 350 ...

  • 268 F.3d 1257 (11th Cir. 2001), 01-00701-CV-CAP-1, Suntrust Bank v Houghton Mifflin Co.

    ... or, in the alternative, that the doctrine of fair use protects TWDG because it is primarily a ... may use a work to communicate her criticism of the work without infringing the copyright in ... must be accommodated in drawing a definitional balance" between the Copyright Clause and the ..., and the latitude for scholarship and comment traditionally afforded by fair use.'") (quoting ...

  • 505 U.S. 833 (1992), Planned Parenthood of Southeastern Pennsylvania v. Casey

    ... Appeals, § 3203's medical emergency definition is intended to assure that compliance with the ... government actions regardless of the fairness of the procedures used to implement them." ...483 (1954). As one commentator observed, the question before the Court in Brown ...The price may be criticism or ostracism, or it may be violence. An extra ...

  • 464 U.S. 417 (1984), 81-1687, Sony Corp. of America v. Universal City Studios, Inc.

    ... broadcast over the public airwaves was a fair use of copyrighted works and did not constitute ...Moreover, the definition of exclusive rights in § 106 of the present Act ... a work is used "for purposes such as criticism, comment, news reporting, teaching, .. ...

  • Is guilt dispositive? Federal habeas after Martinez.

    ... A NON-INNOCENCE ORIENTATION: THE "FULL AND FAIR" COUNTER-REVOLUTION . The above discussion has ... for prosecutors to distinguish, and commentators have lamented that Holland did not go far enough ... a claim is deemed defaulted, then by definition it is not "adjudicated on the merits." (340) And ... conclusionary, almost always immune to criticism or review because it is case-specific and ...

  • Guidance for Executive Order 13673, “Fair Pay and Safe Workplaces”

    The Department of Labor (the Department) is publishing final guidance (the Guidance) to assist the Federal Acquisition Regulatory Council (the FAR Council) and Federal contracting agencies in the implementation of Executive Order 13673, Fair Pay and Safe Workplaces. Executive Order 13673 (the Order) contains new requirements designed to increase efficiency and cost savings in the Federal...

    ... this final Guidance, the Department provides detailed definitions for various terms used in the Order and the FAR rule to ...III. Overview of the Final Guidance. IV. Summary of Comments Received. V. Discussion of General Comments. A. Comments ... of ``substantially similar'' would likely draw criticism for both over-inclusiveness and under-inclusiveness, the ...

  • 402 U.S. 389 (1971), 108, Richardson v. Perales

    ...The notice contained a definition of disability, advised the claimant that he ... pronounces, "Such a system must be fair -- and it must work." 5 . ... Fifth Circuit, with only an occasional criticism of the medical report practice, 8 uniformly ...Kelly, supra, particularly the comment that due process requires notice "and an ...

  • 494 U.S. 558 (1990), 88-1719, Chauffeurs, Teamsters and Helpers Local No. 391 v. Terry

    ..., and that the Union had violated its duty of fair representation, they requested injunctive relief ...2 J. Story, Commentaries on Equity Jurisprudence § 1452, pp. 789-790 ...Indeed, by definition, no recently recognized form of action -- whether ... test, nonetheless, has received more criticism than it deserves. Although our application of the ...

  • Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings (Web IV)

    The Copyright Royalty Judges announce their determination of rates and terms for two statutory licenses (permitting certain digital performances of sound recordings and the making of ephemeral recordings) for the period beginning January 1, 2016, and ending on December 31, 2020.

    ....\5\ The Judges received approximately 60 comments in response to the Notice. The Judges considered ... See NAB Proposed Rates and Terms at 2 (definition of eligible transmission) (Oct. 7, 2014). No ... are well aware of SoundExchange's criticisms of these two studies. However, for purposes of ... a restatement of the traditional ``fair market value'' test. See id. at 45244 (the ...

  • __ U.S. __ (2014), 13-354, Burwell v. Hobby Lobby Stores, Inc.

    ... including corporations within RFRA's definition of " persons," but the purpose of extending ...Blackstone, Commentaries on the Laws of England 458 (1765), and was ... dissent's view, the Government has not had a fair opportunity to address this accommodation, post ... 21 The Court levels a criticism that is as wrongheaded as can be. In no way does ...