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Exceptions to Copyright in Russia and the “Fair Use” Doctrine European Audiovisual Observatory, Strasbourg, 2016
IRIS Extra Exceptions to copyright in Russia and the “fair use” doctrine European Audiovisual Observatory, Strasbourg, 2016 Director of publication - Susanne Nikoltchev, Executive Director Editorial supervision - Maja Cappello, Head of the Department for Legal Information Editorial team - Francisco Javier Cabrera Blázquez, Sophie Valais European Audiovisual Observatory Author Margarita Sobol, Researcher at the Lomonosov Moscow State University Translation / Proofreading Aurélie Courtinat, Gianna Iacino, Julie Mamou, Erwin Rohwer, Lucy Turner Editorial assistant - Snezana Jacevski Marketing - Markus Booms, [email protected] Press and Public Relations - Alison Hindhaugh, [email protected] European Audiovisual Observatory Publisher European Audiovisual Observatory 76, allée de la Robertsau, 67000 Strasbourg, France Tel. : +33 (0)3 90 21 60 00 Fax : +33 (0)3 90 21 60 19 [email protected] www.obs.coe.int Cover layout - P O I N T I L L É S, Hoenheim, France Please quote this publication as Sobol M., Exceptions to copyright in Russia and the “fair use” doctrine, IRIS Extra, European Audiovisual Observatory, Strasbourg, 2016 © European Audiovisual Observatory (Council of Europe), Strasbourg, 2016 Opinions expressed in this publication are personal and do not necessarily represent the views of the Observatory, its members or the Council of Europe. A publication of the European Audiovisual Observatory Exceptions to copyright in Russia and the “fair use” doctrine Margarita Sobol Lomonosov Moscow State University EXCEPTIONS TO COPYRIGHT IN RUSSIA AND THE “FAIR USE” DOCTRINE Foreword Anyone who wishes to comment on, criticise or make a parody of a copyrighted work may quote a portion of it without the author’s permission. This principle is grounded in the notion that without this freedom any author could prevent the expression of possible negative comments about his or her work, with a clear impact on freedom of expression and pluralism of information. -
Touchstones of Popular Culture Among Contemporary College Students in the United States
Minnesota State University Moorhead RED: a Repository of Digital Collections Dissertations, Theses, and Projects Graduate Studies Spring 5-17-2019 Touchstones of Popular Culture Among Contemporary College Students in the United States Margaret Thoemke [email protected] Follow this and additional works at: https://red.mnstate.edu/thesis Part of the Higher Education and Teaching Commons Recommended Citation Thoemke, Margaret, "Touchstones of Popular Culture Among Contemporary College Students in the United States" (2019). Dissertations, Theses, and Projects. 167. https://red.mnstate.edu/thesis/167 This Thesis (699 registration) is brought to you for free and open access by the Graduate Studies at RED: a Repository of Digital Collections. It has been accepted for inclusion in Dissertations, Theses, and Projects by an authorized administrator of RED: a Repository of Digital Collections. For more information, please contact [email protected]. Touchstones of Popular Culture Among Contemporary College Students in the United States A Thesis Presented to The Graduate Faculty of Minnesota State University Moorhead By Margaret Elizabeth Thoemke In Partial Fulfillment of the Requirements for the Degree of Master of Arts in Teaching English as a Second Language May 2019 Moorhead, Minnesota iii Copyright 2019 Margaret Elizabeth Thoemke iv Dedication I would like to dedicate this thesis to my three most favorite people in the world. To my mother, Heather Flaherty, for always supporting me and guiding me to where I am today. To my husband, Jake Thoemke, for pushing me to be the best I can be and reminding me that I’m okay. Lastly, to my son, Liam, who is my biggest fan and my reason to be the best person I can be. -
What the Hell Does Orly Think She's Doing in Hawaii
What the Hell Does Orly Think She’s Doing in Hawaii: An attempt at a concise summary of the ongoing Hawaiian antics of Dr. Orly Taitz, Esq Dr. Orly Taitz, Esq v. Loretta Fuddy and Dr. Alvin Onaka Circuit Court for the First Circuit, State of Hawaii Civil Case 11-1-1731 “Petition for a Writ of Mandamus and Request for Inspection of Records Under United Information Practices Act, Statute 92F, State of Hawaii” NOTE: This document contains several links to Dr. Orly Taitz’s website. Dr. Taitz’s website has been known to trigger malware warnings on several occasions, and is often blocked by net nanny and safe browsing software. Click on links at your own risk. NOTE: Due to the highly unpredictable nature of Taitz’s legal antics it can often be difficult to figure out which case she thinks she is arguing. Her default setting on those rare and special occasions when she gets to perform her art in front of a judge seems to be “all of them”. As a result, this timeline includes all of her known interaction with Hawaii State agencies, Hawaii State courts, the Federal District Court for Hawaii, and any filing in any other court that attempts or has attempted to compel or coerce the Hawaii Department of Health into doing anything at all. Also included are references to any and all relevant court or administrative hearing rulings. This is based on the theory that it is likely that Orly will attempt to reference some or all of these activities/events/filings/imaginary animals during any future hearing or court filing. -
Troll Storms and Tort Liability for Speech Urging Action by Others: a First Amendment Analysis and an Initial Step Toward a Federal Rule
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 2020 Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule Clay Calvert University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the First Amendment Commons, and the Torts Commons Recommended Citation Clay Calvert, Troll Storms and Tort Liability for Speech Urging Action by Others: A First Amendment Analysis and An Initial Step Toward A Federal Rule, 97 Wash. U. L. Rev. 1303 (2020) This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. TROLL STORMS AND TORT LIABILITY FOR SPEECH URGING ACTION BY OTHERS: A FIRST AMENDMENT ANALYSIS AND AN INITIAL STEP TOWARD A FEDERAL RULE CLAY CALVERT* ABSTRACT This Commentary examines when, consistent with First Amendment principles of free expression, speakers can be held tortiously responsible for the actions of others with whom they have no contractual or employer- employee relationship. It argues that recent lawsuits against Daily Stormer publisher Andrew Anglin for sparking “troll storms” provide a timely analytical springboard into the issue of vicarious tort liability. Furthermore, such liability is particularly problematic when a speaker’s message urging action does not fall into an unprotected category of expression, such as incitement or true threats, and thus, were it not for tort law, would be fully protected. -
Brownmark Vs Comedy Central PRESS RELEASE
PRESS RELEASE Brownmark Films, LLC Contact: Bobby Ciraldo, Andrew Swant FOR IMMEDIATE RELEASE Phone: 414-263-4180 E-Mail: [email protected] Attorney of Record: Caz McChrystal Phone: 715-346-4660 BROWNMARK FILMS VS. VIACOM, ET AL What What (In the Butt) Producers File Copyright Infringement Case Against South Park November 12th, 2010 - Milwaukee, WI -- Brownmark Films, the two-person production company behind the viral YouTube video What What (In the Butt), filed a copyright infringement lawsuit today against Viacom International Inc, Comedy Partners (known as Comedy Central), Paramount Pictures Corporation, MTV Networks, and South Park Digital Studios LLC. Brownmark Films claim that their music video, a comically innocuous portrayal of the song's salacious lyrics, was used in an episode of Comedy Central's South Park without permission. The episode, entitled "Canada on Strike" contains a shot-for-shot recreation of significant portions of the What What (In the Butt) video. The episode satirizes the 2007-2008 Writers Guild strike and illegally appropriated Brownmark Films' video in order to do so. While Brownmark Films was never contacted by Comedy Central for use of the video, it is believed that the song "What What (In the Butt)" was legally licensed through its respective copyright owner. Unlike most music videos, which are financed by the artist's record label to be used as a promotional tool for the recording, What What (In the Butt) was produced jointly by Brownmark Films and Samwell, then an unsigned musician with an unpublished song. While primarily intended as a comedic art piece, Brownmark Films created the video with hopes of licensing it for wider distribution. -
A Workflow-Based Mobile Guidance Framework for Managing Personal Activities
A WORKFLOW-BASED MOBILE GUIDANCE FRAMEWORK FOR MANAGING PERSONAL ACTIVITIES A THESIS SUBMITTED TO THE GRADUATE SCHOOL OF INFORMATICS INSTITUTE OF MIDDLE EAST TECHNICAL UNIVERSITY GÖKHAN TÜYSÜZ IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF SCIENCE IN INFORMATION SYSTEMS SEPTEMBER 2013 Approval of the thesis: A WORKFLOW-BASED MOBILE GUIDANCE FRAMEWORK FOR MANAGING PERSONAL ACTIVITIES submitted by GÖKHAN TÜYSÜZ in partial fulllment of the requirements for the degree of Master of Science in Information Systems Department, Middle East Technical University by, Prof. Dr. Nazife Baykal Director, Informatics Institute Prof. Dr. Yasemin Yardmc Çetin Head of Department, Information Systems Assist. Prof. Dr. P. Erhan Eren Supervisor, Information Systems Department, METU Examining Committee Members: Assoc. Prof. Dr. Altan Koçyi§it Information Systems Department, METU Assist. Prof. Dr. P. Erhan Eren Information Systems Department, METU Assoc. Prof. Dr. Aysu Betin Can Information Systems Department, METU Dr. Nail Çadall KAREL A.. Assist. Prof. Dr. Alptekin Temizel Information Systems Department, METU Date: I hereby declare that all information in this document has been obtained and presented in accordance with academic rules and ethical conduct. I also declare that, as required by these rules and conduct, I have fully cited and referenced all material and results that are not original to this work. Name, Last Name: GÖKHAN TÜYSÜZ Signature : iii ABSTRACT A WORKFLOW-BASED MOBILE GUIDANCE FRAMEWORK FOR MANAGING PERSONAL ACTIVITIES Tüysüz, Gökhan M.S., Department of Information Systems Supervisor : Assist. Prof. Dr. P. Erhan Eren September 2013, 69 pages In daily life, people have to perform a large number of activities typically in a limited amount of time. -
Nominative Fair Use: Legitimate Advertising Or Trademark Infringement?
Nominative Fair Use: Legitimate Advertising or Trademark Infringement? Louis S. Ederer Arnold & Porter LLP 399 Park Avenue New York, New York 10022 [email protected] Classic Statutory Fair Use: Defense to Trademark Infringement Under The Lanham Act Under the Lanham Act, the Fair Use Doctrine protects certain uses of registered trademarks from infringement claims when the use of the name, term, or device is “a use, otherwise than as a mark, of a term or device that is descriptive of and used fairly and in good faith only to describe goods or services of [a] party, or their geographic origin.” 15 U.S.C. § 1115(b)(5)(A)-(C) (2006) (emphasis added). In other words. TARGET PRACTICE! v. = No infringement Saturday, April 23 10:30AM At Charles Cove Field 1 Nominative Fair Use: Nominative Fair Use versus Classic Fair Use • Classic fair use is where the junior user (e.g., the Target Practice advertiser) uses someone else’s mark not as a trademark (e.g., not to refer to the mega- brand Target), but merely to describe its own goods or services. • Nominative Fair Use, on the other hand, is where the junior user uses another’s trademark deliberately to refer to that party, for purposes such as: • News Reporting • Commentary • Parody • Advertising (particularly comparative advertising) 2 Nominative Fair Use: Limitations So, what happens when a party seeks to advertise its goods or services by referring to another party’s mark? Is it trademark infringement? Or legitimate advertising? 3 Nominative Fair Use: Early & Seminal Case Law New Kids on the Block v. -
Deciphering L33tspeak
Ghent University Faculty of Arts and Philosophy Thesis Deciphering L33t5p34k Internet Slang on Message Boards Supervisor: Master Paper submitted in partial fulfilment of Prof. Anne-Marie Simon-Vandenbergen the requirements for the degree of ―Master in de Taal- en Letterkunde – Afstudeerrichting: Engels‖ By Eveline Flamand 2007-2008 i Acknowledgements I would like to thank my promoter, professor Anne-Marie Vandenbergen, for agreeing on supervising this perhaps unconventional thesis. Secondly I would like to mention my brother, who recently graduated as a computer engineer and who has helped me out when my knowledge on electronic technology did not suffice. Niels Cuelenaere also helped me out by providing me with some material and helping me with a Swedish translation. The people who came up to me and told me they would like to read my thesis, have encouraged me massively. In moments of doubt, they made me realize that there is an audience for this kind of research, which made me even more determined to finish this thesis successfully. Finally, I would also like to mention the members of the Filologica forum, who have been an inspiration for me. ii Index 1. Introduction .......................................................................................................................... 1 2. Methodology ......................................................................................................................... 1 2.1 4chan ............................................................................................................................... -
Everything Useful I Know About Real Life I Know from Movies. Through An
Young adult fiction www.peachtree-online.com Everything useful I know about real ISBN 978-1-56145-742-7 $ life I know from movies. Through an 16.95 intense study of the characters who live and those that die gruesomely in final Sam Kinnison is a geek, and he’s totally fine scenes, I have narrowed down three basic with that. He has his horror movies, approaches to dealing with the world: his nerdy friends, and World of Warcraft. Until Princess Leia turns up in his 1. Keep your head down and your face out bedroom, worry about girls he will not. of anyone’s line of fire. studied cinema and Then Sam meets Camilla. She’s beautiful, MELISSA KEIL 2. Charge headfirst into the fray and friendly, and completely irrelevant to anthropology and has spent time as hope the enemy is too confused to his life. Sam is determined to ignore her, a high school teacher, Middle-Eastern aim straight. except that Camilla has a life of her own— tour guide, waitress, and IT help-desk and she’s decided that he’s going to be a person. She now works as a children’s 3. Cry and hide in the toilets. part of it. book editor, and spends her free time watching YouTube and geek TV. She lives Sam believes that everything he needs to in Australia. know he can learn from the movies…but “Sly, hilarious, and romantic. www.melissakeil.com now it looks like he’s been watching the A love story for weirdos wrong ones. -
Intellectual Property Law in Cyberspace
Intellectual Property Law in Cyberspace Second Edition CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION Howard S. Hogan Stephen W. Feingold Gibson, Dunn & Crutcher Kilpatrick, Townsend & Stockton Washington, D.C. New York, NY Intellectual Property Law in Cyberspace Second Edition G. Peter Albert, Jr. and American Intellectual Property Law Association CHAPTER 7 UNIQUE ONLINE TRADEMARK ISSUES CHAPTER 8 DOMAIN NAME REGISTRATION, MAINTENANCE AND PROTECTION American Intellectual Property Law Association A Arlington, VA Reprinted with permission For more information contact: bna.com/bnabooks or call 1-800-960-1220 Copyright © 2011 The Bureau of National Affairs, Inc. Library of Congress Cataloging-in-Publication Data Albert, G. Peter, 1964– Intellectual property law in cyberspace / G. Peter Albert, Jr. -- 2nd ed. p. cm. Includes bibliographical references and index. ISBN 978-1-57018-753-7 (alk. paper) 1. Industrial property--United States. 2. Computer networks--Law and legislation--United States. 3. Internet 4. Copyright and electronic data processing--United States. I. Title. KF3095.A77 2011 346.7304’8--dc23 2011040494 All rights reserved. Photocopying any portion of this publication is strictly prohibited unless express written authorization is first obtained from BNA Books, 1231 25th St., NW, Washington, DC 20037, bna.com/bnabooks. Authorization to photocopy items for internal or personal use, or the internal or personal use of specific clients, is granted by BNA Books for libraries and other users registered with the Copyright Clearance Center (CCC) Transactional Reporting Service, provided that $1.00 per page is paid directly to CCC, 222 Rosewood Dr., Danvers, MA 01923, copyright.com, Telephone: 978-750-8400, Fax: 978-646-8600. -
Interventions for Children Experiencing Complex Trauma (Developmental Trauma Disorder)
1 Interventions for Children Experiencing Complex Trauma (Developmental Trauma Disorder) Preliminary Compilation from Research Project, Classroom Support for Children with Complex Trauma and Attachment Disruption Linda O’Neill, Andrew Kitchenham, and Tina Fraser, UNBC Serena George, Research Associate Joanna Pooley, Research Assistant Sarah Henklemen, Research Assistant Funded through SSHRC Partnership Development Grant 2 Introduction In our work to better understand and support children who have experienced Type I trauma (single-event, post-traumatic stress disorder [PTSD]) and Type II trauma (multiple events of an interpersonal nature, complex trauma also named developmental trauma disorder [DTD]) and the caregivers, teachers, counsellors and support staff who help these children, our team has worked to compile interventions and approaches that are designed by to establish safety for such children and aid in lowering distress. The following interventions and strategies were designed by researchers and experienced practitioners and come from various sources that are fully referenced in the appendix. Caregivers, teachers, counsellors and other helpers are strongly recommended to have a basic understanding of trauma-informed practice before using the following interventions. In all trauma support work, safety is paramount. A safe environment is critical for children with complex trauma reactions, with the establishment of safety the first stage of all trauma work (Aideuis, 2007; Courtois, 2008; Herman, 1997). For children who now see the world in a negative light and do not trust others, interventions can only succeed in a safe environment where self-efficacy and a sense of mastery are fostered (Faust & Katchen, 2004). The Attachment, Self-regulation and Competency (ARC) strengths-based model developed by Kinniburgh and Blaustein (2005) is a components based framework informed by attachment and traumatic stress theories. -
Speaking in Lolcats
Transcribed text of an address to the Educational Computing Organization of Ontario, Richmond Hill, Ontario, November 12, 2009. Audio and slides available at http://www.downes.ca/presentation/232 Thanks everyone, and people online you should be hearing me OK, if not just say something in the chat area. Your chat area is being viewed by an audience here in Richmond Hill, which I had never really heard of before I came here, so I’m kind of… that’s good Christina, excellent. Now some of the people in the room may be joining you and anything you say in the chat area can be viewed by people in the room. We’re recording the Elluminate session – I’m not going to press my luck and try for video. Elluminate does support video and it supports it rather well, but I have to be standing right here the entire time because it would use the iSight monitor (I don’t have a video camera hooked up) and I don’t want to do the entire presentation like this, so I won’t. This is the second of two presentations today, and as I said in the first presentation, when you do two presentations in a day, there’s a good one and a bad one – this is the good one. It’s a fairly sweeping and ambitious presentation. It’s probably not the sort of presentation you’ll see in any of the other sessions. I’m trying to go someplace a bit different. 2 Stephen Downes It’s the first time I’ve tried this material, though I’ve tried bits and pieces of it, and it’s something I’ve been thinking about for a long time.