Italic title Nicholsv. UniversalPicturesCorporation , Case citation 45 F.2d 119 2d Cir. 1930 ref citation , was a cause c l bre by the United States Court of Appeals for the Second Circuit on copyright infringement by non literal copying of a dramatic work. The Court held that copyright protection cannot be extended to the characteristics of stock characters in a story, whether it be a book , Play theatre play , or film . Facts The plaintiff , playwright Anne Nichols , was the author of Abie s Irish Rose , a motion picture play about a young Jew ish man who marries an Irish people Irish Roman Catholic Church Catholic girl against the wishes of both of their fathers, with hilarity ensuing. The defendant then produced The Cohens and Kellys which the court referred to as The Cohens and the Kellys , a film based on a play about an Irish boy who marries a Jewish girl from feuding families, with hilarity ensuing. A lawsuit ensued, with the plaintiff asserting copyright infringement based on the defendant s use of similar story elements. The question before the Court was whether the defendant s film infringed the plaintiff s copyright in the play by using similar elements. Opinion of the Court Judge Learned Hand , writing for the Court, noted that protection of literature can not be limited to the exact text, or else an infringer could get away with copying by making trivial changes. The question then is whether the part taken was substantial . However, it is impossible to set a firm boundary demarcating the line between work and ideas, he said, stating, her copyright did not cover everything that might be drawn from her play its content went to some extent into the public domain. In this case, there was no infringement, as the ideas that are copied are really universal concepts and stock character s. External links note citation http www.coolcopyright.com cases fulltext nicholsuniversaltext.htm Text of the opinion from coolcopyright.com Category 1930 in United States case ... more details
In Lugosi v. UniversalPictures , Case citation 603 P.2d 425 Cal. 1979 , the heirs of B la Lugosi sued Universal Studios in 1966 for using his personality rights without the heirs permission. The court ruled in favor of the Lugosi heirs, but Universal Studios won the case in an appeal to the California ... and UniversalPictures Company, Inc. had entered into an agreement for the production of the film .... In a California suit, they asked the courts to stop UniversalPictures from merchandising 70 Dracula ... . ref name findlaw cite web url http library.findlaw.com 1998 Feb 1 130405.html title Lugosi v. UniversalPictures, 603 P.2d 425 Cal. 1979 . accessdate 2007 02 14 quote In this decision preceding and precipitating ... George Lugosi, sued to enjoin and recover profits from UniversalPictures for licensing Lugosi ... Lugosi, his widow, and Bela G. Lugosi Bela George Lugosi , his son, filed a complaint against Universal on February 3, 1966, alleging that they were the heirs of B la Lugosi and that Universal had ... Lugosi and which was not part of the agreement with Universal. The Lugosis asserted that from 1960 until the present time, Universal entered into many licensing agreements which authorized the licensees ... seek to recover the profits made by Universal Studios in its licensing of the use of the Count Dracula character to commercial firms and to enjoin Universal Studios from making any additional grants ... to Universal in his contracts with Universal merchandising rights in his movie portrayal of Count ... ruled in favor of the Lugosi heirs, and awarded them 70,000 and barred Universal Studios from merchandising .... Citing the First Amendment, Universal replied that the design of merchandise is a form of free speech that should not be restrained by anyone s heirs. Besides, said Universal s lawyer, Robert Wilson ... and barring Universal from merchandising Lugosi s likeness. ... In December the California Supreme ... Supreme Court faced the question whether B la Lugosi s film contracts with Universal included a grant ... more details
UniversalCorporation nyse UVV is one of the world s leading tobacco merchants. Incorporated in 1918, Universal has headquarters in Richmond, Virginia , in the United States . Current operations Universal buys and sells flue cured and burley tobacco, tea, sunflower seeds, and other agricultural products. It also holds a 49 interest in Socotab, LLC, a large dealer in oriental leaf tobaccos. The company does not manufacture cigarettes or other consumer tobacco products, although its largest customer is Altria Group owner of Philip Morris USA . Universal common stock is part of the S&P 400 S&P 400 MidCap stock market index index . Early history After the 1911 breakup of the American Tobacco Company trust, Jacquelin sic P. Taylor incorporated Universal out of six formerly independent leaf merchants. In 2010, Universal along with Alliance One International were accused of violations of the Foreign Corrupt Practices Act of 1977. The company is alleged to have paid US 10,000 to the wife of an official in the Mozambique Ministry of Agriculture to secure favorable tax treatment in that country. In 2010, Universal paid about 10 million in restitution and penalties to settle the charges. ref U.S. Crackdown on Industry Practices Overseas by Traver Riggins and Ricardo Sandoval Pal, 11 August, 2010, Center for Public Integrity ref References Reflist http www.publicintegrity.org articles entry 2341 U.S. Crackdown on Industry Practices Overseas by Traver Riggins and Ricardo Sandoval Pal, 11 August, 2010, Center for Public Integrity U.S. Crackdown on Industry Practices Overseas by Traver Riggins and Ricardo Sandoval Pal, 11 August, 2010, Center for Public Integrity External links http www.universalcorp.com Company Home Page http www.universalcorp.com AboutUs AboutUs History.asp Company History Category Tobacco companies of the United States Category Companies established in 1918 Category Companies based in Richmond, Virginia ... more details
and or distributed by UniversalPictures , the main film motion picture production company production distribution company distribution arm of Universal Studios , a subsidiary of NBCUniversal And Comcast ...Infobox company name Universal Studios logo File Universal 100th Anniversary logo.jpg 250px br 100th ... modifies Founded entry location city Universal City, California location country United States ... and the Golden Lion 1928 The Man Who Laughs 1928 film The Man Who Laughs Melody of Love Universal ... first Universal talkie with color sequences Tarzan the Tiger br hr 1930s 1930 All Quiet on the Western Front Winner of the Academy Award for Best Picture King of Jazz first Universal all color talkie ... Pictures The Thrill of It All July 17, 1963 For Love or Money 1963 film For Love or Money August ... 1967 Toho film, co production with Columbia Pictures The Shakiest Gun in the West July 10, 1968 A Lovely ... film Pufnstuf May 1970 co production with Sid & Marty Krofft Sid & Marty Krofft Pictures Two Mules ... with Paramount Pictures MacArthur film MacArthur June 30, 1977 The Last Remake of Beau Geste ... Also from Warner bros and Avco embassy pictures Caravans 1978 film Caravans November 2, 1978 Same ... The Prisoner of Zenda August 17, 1979 co production with Mirisch Company The Mirisch Corporation The Seduction ... Pictures The Jerk December 14, 1979 The Electric Horseman December 21, 1979 International distribution only co production with Columbia Pictures br hr 1980s class wikitable sortable Title Release ... distribution only, produced by ITC Entertainment Endless Love film Endless Love July 17, 1981 Universal distributed PolyGram Pictures production An American Werewolf in London August 21, 1981 Universal distributed PolyGram Pictures production Honky Tonk Freeway August 21, 1981 Continental Divide ... Pictures E.T. the Extra Terrestrial June 11, 1982 Nominee of the Academy Award for Best Picture ... Film Development Corporation and Famous Players The Pirates of Penzance 1983 film The Pirates ... more details
Perennial Pictures Film Corporation is an independent United States American animated cartoon studio founded by G. Brian Reynolds and Russ Harris in 1979. Located in Indianapolis , Indiana, the studio made its initial entry into the marketplace producing local and regional animated television commercials. In 1982, Michael N. Ruggiero joined the studio as the third partner, and by 1984, the studio had attained its original goal and released its first animated television special, A Merry Mirthworm Christmas , to the Showtime TV network Showtime Cable Network. Over the years, the studio has produced many half hour television specials, shorts, including O. Ratz Rat in a Hot Tin Can , and a movie that have enjoyed successful telecasts on every major cable network including Nickelodeon TV channel Nickelodeon , Cartoon Network , The Family Channel , HBO and The Disney Channel . In 2005, the studio converted all production to digital mediums allowing Perennial Pictures to facilitate its expansion into additional entertainment platforms. The studio s first Flash animation production, Handycat Bees ness As Usual, a 7 minute short, was produced in conjunction with Frederator Studios for Nickelodeon TV Channel and was part of the Random Cartoons series that debuted in 2009. In 2009, the studio continued development and production on new programming and web content for its Crawford the Cat Pre K to 1st Grade property. Debuting internationally in 2003 on Discovery Kids UK , the Crawford the Cat characters were first introduced in a series of thirteen 5 minute shorts called Crawford s Corner. External links http www.perennialpictures.com Official website http perennialpictures.blogspot.com The Perennial Pictures Blog http www.crawfordthecat.com Crawford the Cat Videos http www.perennialpictures.com about filmography crawford index.html Crawford s Corner Cast and Credits Category Companies established in 1979 Category American animation studios ... more details
This article is a part of Wikipedia WikiProject Airlines . Please see Wikipedia WikiProject Aviation Style guide Airlines 2 for recommended layout. Infobox Airline airline Universal Avaition Corporation image image size IATA ICAO callsign founded avyear 1929 commenced ceased hubs secondary hubs focus cities frequent flyer lounge alliance subsidiaries Universal Air Lines Corporation fleet size destinations parent Avco company slogan headquarters St. Louis key people website Universal Aviation Corporation was an airline holding company based in United States . History Universal Aviation Corporation was stood up to merge operations of Universal Air Lines Corporation , Robertson Aircraft Corporation and Northern Air Lines ref cite book title Balloons to Jets A Century of Aeronautics in Illinois, 1855 1955 author Howard Lee Scamehorn page 151 ref Universal owned 10 percent of Fokker Aircraft and participated in a stock swap with Western Air Express . ref cite book title Airlines and air mail the post office and the birth of the commercial author F. Robert Van der Linden page 79 ref In 1929, Universal Aviation purchased Braniff International Airways Braniff Air Lines . ref cite web title Braniff Airways url http www.tshaonline.org handbook online articles epbqm accessdate 11 December 2011 ref In 1929, Universal Aviation Corporation became part of the Avco Aviation Corporation . American Airlines was formed from the merger of Universal and 90 other companies. ref cite web title UAL url https www.oldworldauctions.com archives detail 134 150.htm accessdate 11 December 2011 ref Destinations main Universal Aviation Corporation destinations America North America Cleveland Airport Kansas City, Missouri Kansas City St.Louis Tulsa Fleet Empty section date January 2012 Incidents and accidents See also Empty section date January 2012 References reflist External links airlines of America Category Defunct airlines of the United States airline stub ... more details
File LG , 55 3D OLED TV 2 .jpg thumb 250px right LG Oled TV Universal Display Corporation is an intellectual property company founded in 1985 which researches, develops and commercializes organic light emitting diodes. Its proprietary UniversalPHOLED phosphorescent OLED technologies and materials are licensed and supplied to companies like Samsung, LG, AU Optronics Corporation and Konica Minolta. Its listed on Nasdaq and has a market cap of 1.88B 01 22 2012 http finance.yahoo.com q?s PANL http www.universaldisplay.com http www.oled info.com universal display udc http seekingalpha.com article 315487 smoke and mirrors recent controversy in universal display Category Technology companies nl Universal Display Corporation ... more details
orphan date September 2010 The Universal Credit Corporation was a financing entity for Ford cars that existed in the US in the 1930s. In 1932, Henry Ford sold the corporation for US 50 million in order to finance his manufacturing operations during the 1932 Causes of the Great Depression Monetarist explanations Bank Moratorium . ref Buckminster Fuller R Buckminster Fuller , Nine Chains to the Moon Random House Anchor Books 1938, 1971 p 192 ref References references Category Ford Motor Company US finance company stub pt Universal Credit Corporation ... more details
fleet size destinations parent Universal Aviation Corporation , Avco company slogan headquarters St. Louis key people website Universal Air Lines was a airline based in the United States . History Universal Air Lines was an air rail conglomerate competing with rival Transcontinental Air Transport . Universal Air Lines was a subsidiary of the Universal Aviation Corporation which included Robertson Aircraft Corporation and Northern Air Lines ref cite book title Balloons to Jets A Century of Aeronautics in Illinois, 1855 1955 author Howard Lee Scamehorn page 151 ref In 1929, Universal Air Lines ... company, Universal Aviation Corporation became part of the Avco Aviation Corporation . American Airlines was formed from the merger of Universal and 90 other companies. ref cite web title UAL url https www.oldworldauctions.com archives detail 134 150.htm accessdate 11 December 2011 ref Universal ... colors, 25 September 1929 Universal Air Lines ordered five Fokker F.32 aircraft. One was painted ... main Universal Air Lines destinations America North America Cleveland Airport Kansas City, Missouri Kansas City St.Louis Tulsa Fleet The Universal Air Lines fleet consisted of the following aircraft as of 1929 center class toccolours sortable border 1 cellpadding 3 style border collapse collapse Universal Air Lines Fleet bgcolor 6495ED Aircraft Total Routes Notes Fokker F.10 Fokker Super Universal Travel Air 5 place center Incidents and accidents Universal Air Lines shared hangar space with NorthWest ... in Illinois, 1855 1955 author Howard Lee Scamehorn page 174 ref In June 1930, the Universal ... 2011 References reflist External links Universal Air Lines Uniform http www.nasm.si.edu collections ... more details
Universal Energy Corporation is a Canada Canadian electric utility and natural gas retailer headquartered in Toronto , with offices throughout North America . It focuses on long term sales of residential, commercial, and industrial natural gas in the provinces of Ontario and British Columbia. It is a wholly owned subsidiary of Universal Energy Group . ref cite web url http www.universalenergy.ca aboutus.html title About Universal Energy Corporation accessdate 2009 02 20 work publisher Universal Energy Corporation date ref History Expand section date March 2009 In January 2009, the Ontario Energy Board announced that it intended to fine Universal Energy Corporation 200,000CA for making false, misleading or deceptive statements to consumers. ref name star cite news first Tyler last Hamilton coauthors title Electricity sellers face fines over claims work Toronto Star page date January 7, 2009 accessdate 20 February 2009 quote url http www.thestar.com Business article 562808 ref The announcement was the first such announcement since June 2003. ref name star Canadian Billionaire Mark Silver is the company s founder and CEO . Ontario MPP Frank Klees sits on its board. Klees also received the single biggest contribution to his campaign to run as leader of the Progressive Conservative Party of Ontario from OPTUS Capital Corporation owned by Silver. http www.theglobeandmail.com blogs andrew steele watching the detectives article1163346 See also Ontario electricity policy Footnotes reflist External links http www.universalenergy.ca Canadian customer website Category Natural gas companies of Canada Category Power companies of Canada energy company stub canada company stub ... more details
SCOTUSCase Litigants Lau v. Nichols ArgueDate December 10 ArgueYear 1973 DecideDate January 21 DecideYear 1974 FullName Lau, et al. v. Nichols, et al. Alan Nichols President of the school board USVol 414 USPage 563 Citation 94 S. Ct. 786 39 L. Ed. 2d 1 1974 U.S. LEXIS 151 Prior Certiorari to the United States Court of Appeals for the Ninth Circuit Subsequent Holding SCOTUS 1972 1975 Majority Douglas JoinMajority Brennan, Marshall, Powell, Rehnquist Concurrence Stewart JoinConcurrence Burger, Blackmun Concurrence2 White Concurrence3 Blackmun JoinConcurrence3 Burger LawsApplied Civil Rights Act of 1964 Lau v. Nichols , Case citation 414 U.S. 563 1974 , was a civil rights case that was brought by Chinese American students living in San Francisco, California San Francisco , California who had English language learning and teaching limited English proficiency . The students claimed that they were not receiving special help in school due to their inability to speak English, help which they argued they were entitled to under Title VI of the Civil Rights Act of 1964 because of its ban on educational discrimination on the basis of national origin. Finding that the lack of linguistically appropriate accommodations e.g. educational services in English effectively denied the Chinese students equal educational opportunities on the basis of their ethnicity, the U.S. Supreme Court in 1974 ruled in favor of the students, thus expanding rights of students nationwide with limited English proficiency. The Supreme Court stated that these students should be treated with equality among the schools. Among other things, Lau reflects the now widely accepted view that a person s language is so closely intertwined with their national origin the country someone or their ancestors came from that language based discrimination is effectively a proxy for national origin discrimination. Lau remains an important ... . Lau v. Nichols, 414 U.S. 563 1974 Lau v. Hopp, U.S.D.C., N.D. Cal., No. C 70 627 LHB ... more details
owned subsidiary of Aruze. Aruze Corporation changed its company name to Universal Entertainment Corporation ...About the Japanese software manufacturer the American film producer NBC Universal other uses Universal disambiguation UniversalUniversal Entertainment Corporation formerly known as nihongo Aruze Corp. Aruze Kabushiki gaisha IPA ja a uze jasdaq 6425 , is a Japanese manufacturer of pachinko , slot machine s, arcade game s and other gaming products, and a publisher of video game s. Aruze possesses licenses to both manufacture and distribute casino machines in the American states of Nevada, Mississippi and New Jersey. The company s corporate headquarters are in Tokyo . Aruze are also the licence holder of the video game franchise Shadow Hearts . Aruze Gaming America is a 100 owned subsidiary based in Las Vegas. It owns 21 of Wynn Resorts . The company also maintains affiliates in Australia Aruze Gaming Australia, formerly Pacific Gaming Pty. Ltd. and South Africa Aruze Gaming Africa Pty Ltd., formerly Universal Distributors of Nevada South Africa . Aruze Corporation changed its company name to Universal Entertainment Corporation effective November 1, 2009. Universal see also UPL Universal Lease Co., Ltd was established in December 1969. It later changed its name to Universal Distributing of Nevada UDN . Universal s greatest hit game was Mr. Do in 1982, which spawned four sequels. Lady Bug arcade game Lady Bug was also a successful game, as well as the arcade adaption of Space Panic . Cashing in on the success of laserdisc video game s, Universal released Super Don Quix ote in 1984, on a new standardized laserdisc video game system they called the Universal System 1 . A new game was planned every six months for the Universal System 1 , including a laserdisc adventure game ... Corporation , maker of the Neo Geo console Neo Geo . In exchange for the use of SNK s popular characters ... www.arcade history.com index.php?page database&editeur 511 List of games by Universal Category Video ... more details
Infobox United States District Court case name Universalv. Reimerdes court United States District Court for the Southern District of New York image imagesize caption full name Universal City Studios, Inc., Para Mount PicturesCorporation, Metro Goldwyn Mayer Studios, Inc., Tristar Pictures, Inc., Columbia Pictures Industries, Inc., Time Warner Entertainment Co., L.P., Disney Enterprises, Inc. and Twentieth Century Fox Film Corporation, Plaintiffs, v. Shawn C. Reimerdes, Eric Corley a k a Emmanuel ... and declaratory relief. keywords Universal City Studios, Inc. v. Reimerdes was the first test of the Digital ... district decision cite web title Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 294 Dist ... Universal City Studios, Inc. v. Reimerdes, 111 F. Supp. 2d 346 Dist. Court, SD New York 2000 url ...& q 273 F.3d 429& hl en& as sdt 2002 title Universal City Studios, Inc. v. Corley ... Universal City Studios, Inc. v. Reimerdes , 111 F.Supp.2d 294 S.D.N.Y. 2000 Appeal http scholar.google.com ... pictures in reliance upon a legal framework that, through the law of copyright, has ensured that they will have the exclusive right to copy and distribute those motion pictures for economic gain. They contend ... court s opinion focused on Corley s First Amendment defenses. Citing the precedent set in Hill v ... v. Skylink Prior restraint libdvdcss HD DVD encryption key controversy RealNetworks, Inc. v. DVD Copy Control Association, Inc. RealNetworks v. DVD CCA References reflist refs ref name NYT2 cite news ... NY Times date 15 January 2000 ref ref name dltr cite journal last Mihet first Harry title UNIVERSAL CITY STUDIOS, INC. V. CORLEY THE CONSTITUTIONAL UNDERPINNINGS OF FAIR USE REMAIN AN OPEN QUESTION journal ... ref ref name rutgers cite journal last Menard first Brian title And the shirt off your back Universal ... chronology.html accessdate 2011 11 11 ref ref name prelim inj cite web title Universal City Studios, Inc. v. Reimerdes, 82 F. Supp. 2d 211 Dist. Court, SD New York 2000 url http scholar.google.com scholar ... more details
Circuit 2nd Circuit s prior opinion in Nicholsv. UniversalPicturesCorporation , Case ...Italic title Steinberg v. Columbia Pictures Industries, Inc., Case citation 663 F. Supp. 706 United States District Court for the Southern District of New York S.D.N.Y. 1987 was a federal case in which artist Saul Steinberg sued various parties involved with producing and promoting the 1984 in film 1984 movie Moscow on the Hudson , claiming that a promotional poster for the movie infringed his copyright in a magazine cover he had created for The New Yorker . Procedural posture The case was heard in the Southern District of New York in front of Judge Louis L. Stanton. The defendants, including Columbia Pictures Industries, Inc., RCA RCA Corporation , and several major newspapers, denied Steinberg s allegations of copyright infringement and asserted the affirmative defenses of 1 fair use as a parody , 2 estoppel , and 3 Laches equity laches . Both parties moved for summary judgment. Outcome The court granted summary judgment to Steinberg on the issue of copyright infringement, finding that the defendants failed to prove any of their defenses. The two images double image right The New Yorker, 1976 03 29, Cover View of the World from 9th Avenue, priced and dated .PNG 200 Moscow on the Hudson 1984 Original Poster .PNG 182 The View of the World cover Moscow on the Hudson Original Poster The subject of the controversy was a drawing by Steinberg known as Saul Steinberg The .22View of the World.22 cover View of the World from Ninth Avenue or A Parochial New Yorker s View of the World. The drawing, which appeared on the cover of the March 29, 1976 issue of The New Yorker , depicts four city blocks of Manhattan in great detail, with the rest of the United States and the world sketched ... Pictures about the alleged infringement in order to increase his award in the eventual lawsuit. The court .... The Nichols court held that appropriation was not improper when the alleged infringer copied ... more details
to Paramount, RKO Pictures RKO Radio Pictures, Inc. , Loew s , 20th Century Fox 20th Century Fox Film Corporation , Columbia Pictures Columbia PicturesCorporation , Universal Studios Universal ...Expert subject U.S. Supreme Court cases date November 2008 SCOTUSCase Litigants United States v. Paramount Pictures, Inc. ArgueDateA February 9 ArgueDateB 11 ArgueYear 1948 DecideDate May 3 DecideYear 1948 FullName United States v. Paramount Pictures, Inc. et al. USVol 334 USPage 131 Citation 68 S. Ct. 915 92 L. Ed. 1260 1948 U.S. LEXIS 2850 77 U.S.P.Q. BNA 243 1948 Trade Cas. CCH P62,244 Prior Injunction granted, U.S. District Court 66 F.Supp. 323 Subsequent Holding Practice of block booking and ownership of theater chains by film studios constituted anti competitive and monopolistic trade practices. SCOTUS 1946 1949 Majority Douglas JoinMajority Concurrence JoinConcurrence Concurrence Dissent Frankfurter JoinConcurrence Dissent Dissent JoinDissent NotParticipating Jackson LawsApplied Sherman Antitrust Act UnitedStatesCode 15 1 , 2 wikisource United States v. Paramount Pictures , Inc. , Case ... , United States v. Paramount Pictures Inc. , 334 U.S. 141, 167. ref Ultimately, this issue of the studios ..., United States v. Paramount Pictures Inc. , 334 U.S. 131, 179. ref Also, he reminded the Court that the District ... v. RKO Radio Pictures, Inc. , 327 U.S. 251 1946 , where the Supreme Court held that major Hollywood ... case law Category Media case law fr United States v. Paramount Pictures ... their motion pictures were shown, either in partnerships or outright and complete. Thus specific theater .... v. United States ussc 332 392 1947 that lower courts are the proper place for such findings of fact ... and exhibition companies are commonly referred to as the Paramount Decrees . Paramount Pictures Inc. was forced to split into two companies the film company now called Paramount Pictures Paramount Pictures Corp. and the theater chain United Paramount Theaters which merged in 1953 with the American ... more details
SCOTUSCase Litigants Feltner v. Columbia Pictures Television, Inc. ArgueDate January 21 ArgueYear 1998 DecideDate March 31 DecideYear 1998 FullName C. Elvin Feltner, Jr., Petitioner v. Columbia Pictures Television, Incorporated USVol 523 USPage 340 Citation 118 S. Ct. 1279 140 L. Ed. 2d 438 1998 U.S. LEXIS 2301 66 U.S.L.W. 4245 46 U.S.P.Q.2D BNA 1161 Copy. L. Rep. CCH P27,752 163 A.L.R. Fed. 721 26 Media L. Rep. 1513 98 Cal. Daily Op. Service 2324 98 Daily Journal DAR 3175 1998 Colo. J. C.A.R. 1542 11 Fla. L. Weekly Fed. S 417 Prior On writ of certiorari to the United States Court of Appeals for the Ninth Circuit Subsequent Reversed and remanded Holding There is no statutory right to a jury trial under the Copyright Act, however, the 7th Amendment requires jury trials as this has been the standard practice in copyright cases therefore an order denying a jury trial on damages violates the 7th Amendment SCOTUS 1994 2005 Majority Thomas JoinMajority Rehnquist, Stevens, O Connor, Kennedy, Souter, Ginsburg, Breyer Concurrence Scalia LawsApplied Section 504 c of the United States copyright law Copyright Act , Seventh Amendment to the United States Constitution 7th Amendment Feltner v. Columbia Pictures Television , Inc. , 523 U.S. 340 1998 ref http caselaw.lp.findlaw.com scripts getcase.pl?navby CASE&court US&vol 523&page 340 523 U.S. 340 Full text of the opinion courtesy of Findlaw.com. ref , was a case in which the Supreme Court of the United States ruled, deciding, where there is to be an award ... a jury trial. C. Elvin Feltner, Jr., and the corporation he owns, Krypton International Corporation, operate 3 television stations which ran various television shows licensed from Columbia Pictures, including ... and some subsidiaries and executives of the corporation. The trial court found the infringement ... damages unconstitutional and void. ref name CPIIvKBBI Columbia Pictures Industries, Inc. vs. Krypton ... case law Category 1998 in United States case law Category Media case law Category Sony Pictures ... more details
Analysis of the Fair Use Defense in Leibovitz v. Paramount PicturesCorporation , University of Pennsylvania ...Infobox COA case Litigants Leibovitz v. Paramount Pictures Corp. Court U.S. Court of Appeals for the Second Circuit CourtSeal Image US CourtOfAppeals 2ndCircuit Seal.png ArgueDate October 20 ArgueYear 1997 DecideDate February 19 DecideYear 1998 FullName Annie Leibovitz v. Paramount Pictures Corp. Citations 137 Federal Reporter Federal Reporter, Third Series F.3d 109 Prior Complaint dismissed, United States District Court for the Southern District of New York S.D.N.Y. Dec. 20, 1996 Subsequent 137 F.3d 580 ?? Holding A parody of Annie Leibovitz photograph was deemed to be fair use . Southern District of New York affirmed. Judges Circuit Judges Jon O. Newman , Guido Calabresi , Richard Dickson Cudahy sitting by designation from the Seventh Circuit Court of Appeals Majority Newman JoinMajority Calabresi, Cudahy LawsApplied Copyright Act of 1976 Leibovitz v. Paramount Pictures Corp. is an influential 1998 United States Court of Appeals for the Second Circuit Second Circuit fair use case. Case background Annie Leibovitz is a professional portrait photographer who had published a photograph of celebrity Demi Moore while seven months pregnant. The photograph, published on the front cover of Vanity Fair magazine Vanity Fair in August, 1991 with the title More Demi Moore , had achieved significant fame and notoriety on publication, and Paramount Pictures chose to parody it in 1993 as part of a promotional campaign for its new film Naked Gun 33 The Final Insult . Paramount s commissioned photograph featured Leslie Nielsen s face superimposed over the body of a pregnant woman, shot and digitally ... docket&no 977063v2 full text from FindLaw Miatta Tenneh Dabo, Recent Development Leibovitz v. Paramount Pictures Corp. Fair Use Doctrine When Is Copyright Infringement a Parody? , Univ. of Baltimore ... Review v. 24, p. 1 Fall 1998 . many more references to add Category United States copyright case ... more details
Infobox United States District Court Case name Lenz v. Universal Music Corp. court United States District ... Lenz v. Universal Music Corp. was a 2007 case in which the United States District Court for the Northern ... s song Let s Go Crazy . ref name youtubeclip http www.youtube.com watch?v N1KfJHFWlhQ Let s Go Crazy YouTube video ref Universal Music Group Universal Music CorporationUniversal sent YouTube a takedown ... Universal for misrepresentation of a DMCA claim. The court held that, in violation of the DMCA, Universal had not in Implied covenant of good faith and fair dealing good faith considered fair use when filing a takedown notice. ref name case http www.eff.org files filenode lenz vuniversal lenzorder082008.pdf Lenz v. Universal Music Corp , 572 F. Supp. 2d 1150 N.D. Cal. 2008 . ref Facts In February ... takedown notification misuse. References reflist External links http www.eff.org cases lenz vuniversal Electronic Frontier Foundation s resources related to Lenz v. Universal http www.citmedialaw.org threats universal music v lenz Citizen Media Law Project s resources related to Lenz v. Universal DEFAULTSORT Lenz V. Universal Music Corp. Category Digital Millennium Copyright Act takedown incidents ... seconds of the twenty nine second. ref name case In June 2007, Universal, the copyright holder ..., Lenz sued Universal for misrepresentation under the DMCA and sought a declaration from the court ... . ref According to the DMCA 17 U.S.C. 512 c 3 A v , the copyright holder must consider whether use ... U.S.C. 512 , see c 3 A v . ref In September 2007, Prince released statements that he intended to reclaim ... Sep. 13, 2007 . ref In October 2007, Universal released a statement amounting to the fact that Prince and Universal intended to remove all user generated content involving Prince from the internet as a matter of principle. ref name case Decision Based on Prince s and Universal s statements, Lenz argued that Universal was issuing takedown notices in bad faith, as they attempted to remove all Prince ... more details
Ultramares Corporationv. Touche, 174 N.E. 441 1932 is a US tort law case regarding negligent misstatement, decided by Benjamin Cardozo Cardozo, C.J. It contained the now famous line on floodgates that the law should not admit to a liability in an indeterminate amount for an indeterminate time to an indeterminate class. Facts In 1924 the auditors of Touche Niven Deloitte Touche Tohmatsu Touche, Niven & Company gave the rubber importer, Fred Stern and Company, an unqualified audit certificate, having failed to discover that management had falsified entries to overstate accounts receivable. The auditors knew that the accounts when certified would be used to raise money and for that purpose supplied 32 certified and serially numbered copies p. 442. On the faith of one of those copies, given to it on its demand, the plaintiff, Ultramares Corporation, lent Fred Stern and Company money. Stern declared bankruptcy in 1925. Ultramares sued Touche Niven for the amount of the Stern debt, declaring that a careful audit would have shown Stern to be insolvent. The audit was found to be negligent, but not fraudulent. The judge set this finding aside based on the doctrine of privity, which protects auditors from third party suits. An intermediate appellate court reinstated the negligence verdict ... is still the rule in New York Credit Alliance Corporationv. Arthur Andersen & Co. 1985 483 N.E. .... blockquote See also Caparo v. Dickman References Chatfield, Michael. Utramares Corporationv. Touche ... CorporationV. Touche Category United States tort case law Category New York state case law Category .... v. Adler 1983 461 A. 2d 138 Citizens State Bank v. Timm, Schmidt & Co. 1983 335 N.W. 2d 361. In Rhode Island Hospital Trust National Bank v. Swartz, Bresenoff, Yavner & Jacobs 1972 455 F. 2d 847 , 851 ... and limited classes of persons. In Ingram Industries Inc. v. Nowicki 1981 527 F. Supp. 683 a federal ... Corporation, vs. Touche, Niven & Co. New York, 1930 http clio.lib.olemiss.edu u? deloitte,41077 ... more details
Infobox SCOTUS case Litigants Bigelow v. RKO Radio Pictures, Inc. ArgueDate February 7 ArgueYear 1946 DecideDate February 25 DecideYear 1946 FullName Bigelow v. RKO Radio Pictures, Inc. USVol 327 USPage 251 Citation 66 S.Ct. 815 Prior Subsequent Holding A damage award does not need to be mathematically precise, but it must be a just and reasonable estimate based on the evidence presented, and not based on speculation. Can use yardstick or before & after, but must be careful to use comparable data. SCOTUS 1945 1946 Majority Stone JoinMajority Concurrence Concurrence2 Dissent Frankfurter JoinDissent NotParticipating Jackson LawsApplied Sherman Antitrust Act Sherman Act , 15 U.S.C. 1, 2 and 7 Clayton Antitrust Act Clayton Act , 4 and 16 Bigelow v. RKO Radio Pictures, Inc. , 327 U.S. 251 1946 , was a decision by the United States Supreme Court allowing an action to recover Compensatory damages Compensatory damages compensatory damages under the antitrust statutes. The jury had returned a verdict for 120,000 in petitioner s favor, covering a five year period where plaintiff suffered due to respondents antitrust conspiracy. The trial court, sitting in the United States District Court for the Northern District of Illinois Northern District of Illinois , gave judgment for treble damages, as prescribed by 4 of the Clayton Antitrust Act Clayton Act . The United States Court of Appeals for the Seventh ... data. See also United States antitrust law United States v. Paramount Pictures, Inc. , 334 U.S. 131 ... Bigelow v. RKO Radio Pictures, Inc., 327 U.S. 251 1946 findlaw http caselaw.lp.findlaw.com scripts ..., some of whom, like RKO Pictures , were distributors of films, and some of whom owned .... ref Id . at 258 ref The Maryland Theater, however, was owned by Paramount Pictures , and benefited ... on which theatres would show their films. Eastman Kodak Co. of N. Y. v. Southern Photo Materials Co. , 273 U.S. 359 1927 Story Parchment Co. v. Paterson Parchment Paper Co. , 282 U.S. 555 1931 List of United ... more details
Infobox Court Case name Melbourne Corporationv Commonwealth court High Court of Australia image Australian coat of arms 1912 edit.png date decided 13 August 1947 full name The Lord Mayor, Councillors and Citizens of the City of Melbourne v The Commonwealth and Another citations Cite Case AU CLR 74 31 1947 Cite Case AU HCA 26 1947 judges John Latham jurist Latham CJ, George Rich Rich , Hayden Starke Starke , Owen Dixon Dixon , Edward McTiernan McTiernan , Dudley Williams Williams JJ prior actions none subsequent actions none opinions 5 1 any Commonwealth law that is otherwise valid under a head of power in s51 or some other part of the Constitution if it denies the existence or ability of a State to govern itself or the federal structure of the Commonwealth or singles out any one State Melbourne Corporationv Commonwealth 1947 74 Commonwealth Law Reports CLR 31 1947 HCA 26 13 August 1947 , also known as the Melbourne Corporation case or the State banking case , is an important case in Australian constitutional law. It stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from the federal character of the Constitution of Australia Constitution . The Melbourne Corporation principle is an implied limit on Commonwealth legislative power under the Constitution of Australia. This is due to the express federal nature of the governmental structure described by the Constitution in having a federation of states combine into one Commonwealth. The principle renders constitutionally invalid any Commonwealth law that is otherwise valid under a head of power in s51 or some other part of the Constitution if it 1. Denies the existence or ability of a State to govern itself or the federal structure of the Commonwealth and 2. Singles out States. A recent case of Austin v Commonwealth 2003 conflated the original 2 limbed test of the original case into an expanded 1st limb so that a commonwealth law that affects a state ... more details
unreferenced date March 2011 Orphan date February 2009 Muir v Glasgow Corporation 1943 SC HL 3, is a leading case in English tort law and negligence . Facts A group of children were having a day out with their Sunday school. They were meant to be having a picnic, but the rain had ruined it. The leader of the trip asked the manager of a tearoom , run by Glasgow Corporation, if she would allow the children to have their picnic on their premises. She agreed and the group entered. In the tearoom there was a tuck shop , the window to which was located midway along a corridor. The children had all started to line up along the corridor to buy sweets at the tuck shop. At this time a large tea urn was being carried along the corridor by two adults, to the main room of the tearoom. Somehow, and it is still unknown how, the tea urn overturned and scalded a young girl Muir . The parents of the girl sued Glasgow Corporation, claiming that they owed the child a duty of care and that they had breached this. Judgment The court held that the manageress in charge owed a duty of care, generally, to everyone in the tearoom. However, she did not owe a duty of care to the Sunday school, to take additional precautions to prevent their being injured as a result of her allowing them to enter. So long as the tearoom was run in the same manner as it was day to day, and to the same safety standards, she was not required to take extra steps to prevent the incident which occurred. It was not reasonably foreseeability foreseeable that allowing the children to come into the premises would result in one of them being scalded. As such, the incident was put down as an accident which could not have been prevented. See also English tort law Notes refs 2 Category Scottish case law UK law stub ... more details
Infobox United States District Court Case name Kivalina v. ExxonMobil Corporation, et. al. court United States District Court for the Northern District of California image imagesize caption full name Native Village of Kivalina v. ExxonMobil Corporation, et. al. date decided September 30, 2009 citations Comer v. Murphy Oil USA, Inc., et al. transcripts No. cv 08 1138 judge Sandra Brown Armstrong prior ... NOTOC Kivalina v. ExxonMobil Corporation, et al. is a lawsuit filed on February 26, 2008 in a United ... title Native Village of Kivalina v. ExxonMobil Corp. Notice of Appeal accessdate 2010 10 23 date ... Defendants div col cols 2 ExxonMobil Corporation BP P.L.C BP America, Inc. BP Products North America, Inc. Chevron Corporation Chevron U.S.A., Inc. ConocoPhillips Company Royal Dutch Shell PLC Shell Oil Company Peabody Energy Corporation The AES Corporation American Electric Power Company , Inc. American Electric Power Services Corporation DTE Energy Company Duke Energy Corporation Dynegy Holdings, Inc. Edison International Midamerican Energy Holdings Company Mirant Corporation NRG Energy Pinnacle West Capital Corporation Reliant Energy, Inc. The Southern Company Xcel Energy, Inc. div col end ... of the Suit According to an attorney of Kivalina, Matt Pawa, Kivalina v. ExxonMobil has two chief aims ... nuisance suit brought by states and environmental groups against ExxonMobil Corporation and twenty ... in the Comer v. Murphy Oil USA, Inc, but in the Kivalina case Kivalina s injuries were not fairly ... grounds ref Defendants of current climate change cases such as Comer v. Murphy Oil USA and Connecticut v American Electric Power are using this ruling as a way to support their defense of a lack ... v. Environmental Protection Agency Lujan v. Defenders of Wildlife Comer v. Murphy Oil USA, Inc http www.ca5.uscourts.gov opinions pub 07 07 60756 CV0.wpd.pdf Connecticut v. American Electric ... global warming US Environmental law DEFAULTSORT Kivalina V. Exxonmobil Corp., Et Al. Category ... more details
Infobox Court Case name The Charitable Corporationv Sutton court Court of Chancery image date decided 13 August 1742 full name citations 1742 26 ER 642 2 Atk 404 judges prior actions subsequent actions opinions Lord Hardwicke transcripts keywords Directors duties , negligence , gross negligence , hindsight The Charitable Corporationv Sutton 1742 26 ER 642 is an important old English law case which holds in substance that a director of a company owes duties to the company in the same measure and quality as does a trustee to a trust. It makes the point that judges should not be quick to judge decisions of directors with hindsight . Facts The Charitable Corporation was a company set up by Royal Charter, to give loans of money to poor people, to prevent them falling into the hands of pawnbrokers. The directors or committee men as they were called at the time were accused of failing to properly monitor the procedures for loans by the corporation. It had suffered a loss of around 350,000. A warehouse keeper was responsible for giving unsecured loans to fellow directors. Only five directors were actively involved in the corporation s affairs. It was alleged that the failure of the remaining forty five directors were guilty of gross negligence . Judgment Lord Hardwicke held that because the directors are agents of the people who grant them power to manage the corporation s affairs they are liable for any negligent acts or omissions. He held that the five who were engaged in taking money were liable to make good all losses, and that the remaining forty five were liable to make up any shortfall. His judgment read as follows. cquote Image Philip Yorke, 1st Earl of Hardwicke.jpg thumb ..., and who empower them to direct and superintend the affairs of the corporation. In this respect ... of common trustees. Vide Coggs v Bernard , 1 Salk. 26. Another objection has been made that the court ... which the corporation have sustained in the first place and the committee men who were not partners ... more details
Use mdy dates date September 2010 Infobox SCOTUS case Litigants AT&T Corporationv. Hulteen ArgueDate December 10 ArgueYear 2008 DecideDate May 18 DecideYear 2009 FullName AT&T Corporation, Petitioner v. Noreen Hulteen, et al. Docket 07 543 USVol USPage CitationNew 556 U.S. Prior CV 01 01122 MJJ N.D. Cal. , affirmed 441 F.3d 653 9th Cir. , reversed U.S. Subsequent Holding Maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act cannot be considered in calculating employee pension benefits. SCOTUS 2006 2009 Majority Souter JoinMajority Stevens, Scalia, Kennedy, Thomas, and Alito Concurrence Stevens Dissent Ginsburg JoinDissent Breyer LawsApplied AT&T Corporationv. Hulteen , Case citation 556 U.S. 2009 , is a Supreme Court of the United States United States Supreme Court case in which the Court held that maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act cannot be considered in calculating employee pension benefits. Background The case entered the Supreme Court s docket in October 2007 and concerned whether maternity leave taken before the passage of the 1978 Pregnancy Discrimination Act can be considered in calculating employee pension benefits. The Supreme Court agreed to hear the case in June 2008. The case concerns Noreen Hulteen who took maternity leave in 1968. Due to complications resulting from giving birth she was hospitalized and required surgery. She missed a total of 240 days of work due to her pregnancy and surgery, but her employer, AT&T Corporation , only gave her 30 days of paid leave. Under company policy ... disabled. ref name onthedocket.org http www.onthedocket.org cases 2008 att corp v hulteen ... of General Electric Company v. Gilbert 1976 and Geduldig v. Aiello 1974 . ref http www.answers.com topic general electric company v gilbert ref As a result of the policy, when Hulteen retired in 1994 ... http www.onthedocket.org cases 2008 att corp v hulteen DEFAULTSORT At&T Corp. V. Hulteen Category United ... more details
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