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Second Circuit Fair Use Survey: Assessing the Impact of “Transformative Use” Theory, by Case (1982-2016)
Second Circuit Fair Use Survey: Assessing the Impact of “Transformative Use” Theory, by case (1982-2016) Authored by: The Council on Intellectual Property Reporting Subcommittee: Dale Cendali - Kirkland & Ellis LLP Claudia Ray - Kirkland & Ellis LLP Charles S. Sims - Proskauer Rose LLP Barry Werbin - Herrick, Feinstein LLP January 4, 2017 THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK 42 West 44th Street, New York, NY 10036-6689 www.nycbar.org SECOND CIRCUIT SURVEY OF COPYRIGHT FAIR USE DECISIONS ASSESSING THE IMPACT OF “TRANSFORMATIVE USE” THEORY This three decade-plus survey project arose from an informal study of “transformative use” under Section 107 of the Copyright Act that the New York City Bar Association’s Copyright & Literary Property Committee conducted in 2012 -2013. That led to a City Bar “Great Hall” public program entitled Copyright Fair Use: The Importance of Being Transformative - Has Transformative Use Gone Too Far, held on March 11, 2014, which was co-sponsored by the Copyright & Literary Property, Art Law and Entertainment Law Committees. Having seen how dramatically Second Circuit Judge Pierre Leval’s transformative use theory— originally expounded in his 1990 Harvard Law Review commentary entitled “Toward a Fair Use Standard”—has impacted fair use jurisprudence, several current and former members of the IP Council, including former Chairs of the Copyright and Literary Property, Communications, Trademarks and Unfair Competition, and Media Law Committees, suggested that there might be value in conducting a detailed survey of all fair use decisions issued by the Second Circuit since the era of the Supreme Court’s seminal decision in Sony Corporation of America v. -
So No One Told You There Was Gonna Be a Quizzzz, CLAP CLAP CLAP CLAP
So no one told you there was gonna be a quizzzz, CLAP CLAP CLAP CLAP. Well, technically it’s just trivia. Answers will be revealed some time during the shower - the person with the most design il ic lus ph tr ra at correct answers wins a prize! Channel i g o n g n i p r o e r t t t r e a l i your inner Monica and get competitive. t d u n r e a h 1. What is Monica's biggest pet peeve? 8. What is Ross’s son’s name? a. Water rings on the coffee table ______________________________________________ b. Animals dressed as humans c. People who chew loudly 9. Joey plays an actor on what popular daytime soap d. Crumbs opera? a. General Hospital 2. What is Joey’s favorite food? b. As the World Turns a. Two pizzas c. All My Children b. Lasagna d. Days of Our Lives c. Sandwiches d. Cereal 10. When we first meet Rachel in the pilot episode, what is she wearing? 3. Monica and Ross had a grandmother who died. ______________________________________________ Chandler and Joey went to her funeral. Name that grandmother. 11. What is the barista’s name in the Central Perk a. Althea coffee shop? b. Beatrice ______________________________________________ c. Muriel d. Estelle 12. What is Chandler’s job? a. Transponster 4. In Season One, Chandler dates Julia Roberts. What b. Statistical Analysis & Data Reconfiguration is Julia’s character’s name in the episode? c. Financial Advisor a. Jessica d. Accountant b. Susie c. -
^Outli of the Fl^Joun Tu I N 5
^outli of the fl^joun tu i n 5 published by Tappan Zee Historical Society Rockland County, Orangeburg, New York Vol. 8 No. 4 October-December 1964 DUNDERBERG By J. R. Dunham Laird The Hudson River, one of the most beautiful and interesting of all the rivers in America, flows from the majestic Adirondacks southward to the Atlantic, guided in its course by several groups of mountains. One of these groups of mountains is known as the Hudson Highlands. Rising from the flatlands that enclose the Newburgh Bay area, they narrow the waters so that the river becomes deep; and they funnel the winds so that they become gusty and unpredictable, and often roar through the mountains, and the region is famous among boatmen and river people for the sudden onslaught of storms. Particularly is this true of the winds funneled and confined by that section of the Highlands be tween Anthony’s Nose on the east, Bear Mountain on the west, and a mountain to the south that our early Dutch forebears called Donder Berg, or Thunder Mountain. Here in summer one may often see the storm brooding. The Goblins Washington Irving in his legend of The Storm-Ship, poking fun at the early Dutch navigators, states: “The captains of the river craft talk of a little bulbous-bottomed Dutch goblin, in trunk hose and sugar- loafed hat, with a speaking trumpet in his hand, which, they say, keeps the Donder Berg. They declare that they have heard him, in stormy weather, in the midst of the turmoil, giving orders in Low Dutch, for the piping up of a fresh gust of wind, or the rattling off of another thunder clap. -
Movies July & August
ENTERTAINMENT Pick your blockbuster! Who better to decide which movies are included in our inflight Language Selection entertainment programme than our passengers? Every month, you get to pick the blockbusters shown on English (EN), French (FR), German (DE), Dutch (NL), Italian (IT), Spanish (ES), Movies July & August Available in Business Class & Economy Class our long haul flights. Simply go to our Facebook page and cast your votes!facebook.com/brusselsairlines Portuguese (PT), Dutch subtitles (NL), English subtitles (EN) ˜ ACTION ˜ Oblivion Jack the Giant Slayer I Don’t Know The Hangover Part II ˜ DRAMA ˜ Hugo Mama Africa Ice Age: Dawn Ever After: PG PG R 13 13 PG NR A Good Day to Die Hard 125mins (2013) EN, FR, DE, ES, IT, PT, NL 114mins (2012) EN, FR, DE, ES, IT, PT, NL How She Does It 102 mins (2011) EN, FR, DE, ES, IT, PT, NL 42 120mins (2011) EN, FR, DE, ES, IT, PT, NL 90 mins (2011) EN, FR Of The Dinosaurs A Cinderella Story R PG PG PG PG 97 mins (2013) EN, FR, DE, ES, IT, PT, NL Tom Cruise, Morgan Freeman Ewan McGregor, Ian McShane 13 96 mins (2011) EN, FR, DE, ES, IT, PT, NL Bradley Cooper, Ed Helms 13 128 mins (2013) EN, FR, DE, ES, IT, PT, NL Ben Kingsley, Asa Butterfield Miriam Makeba 94 mins (2009) EN, FR, NL, DE, ES, IT 13 121 mins (1998) EN, FR, DE, ES, IT, PT Bruce Willis, Jai Courtney Sarah Jessica Parker, Pierce Brosnan Chadwick Boseman, Harrison Ford Ray Romano, Denis Leary Drew Barrymore, Anjelica Huston JULY FROM JULY FROM FROM JULY ONLY AUGUST ONLY AUGUST AUGUST ONLY From Russia With Love Tomorrow Never Dies Percy -
Half Way Down the Trail to Hell
Half Way Down The Trail To Hell A Wartime Remembrance in Three Parts By Stephen E. Kirkland i Prologue “The danger, being around veterans, the memories are so selective and so heroic that you’ve got to be careful talking to a guy like me.” George Herbert Walker Bush A while back I discovered the Library of Congress is conducting a program called The Veterans History Project. The mission of the project is the collection and preservation of veteran’s wartime recollections and documents before they are lost forever. Like many wartime veterans, I concentrated on getting on with my life. I needed a job that would allow me to marry, buy a house and raise a family. I didn’t feel anything I had experienced in Vietnam would contribute to these goals, and I felt that, for the most part, people who hadn’t served didn’t know or even care what I had seen or done. The country’s attitude was different than with the Gulf War veterans and I deflected the few inquires that were made, especially the ones that contained the words “Did ya’ kill anybody?” I was too busy dealing with the present to spend a lot of time staring into the past. Now, almost four decades after returning home, the time has come to look back and try to recreate a piece of personal history, albeit history filtered though my water colored memories. I’ve relied on a number of sources for this remembrance, not the least of which were letters that I wrote home. -
The Intern – Ben & Patty – Entire Screenplay.Pdf
THE INTERN by Nancy Meyers January 2014 FADE IN: EXT. PROSPECT PARK - BROOKLYN - AN EARLY SPRING MORNING An eclectic Group ranging in age from 30 to 80 gather in rows performing the ancient Chinese martial art of TAI CHI. They are led by their young and graceful Instructor. CAMERA GLIDES PAST one student to the next, as they move in sync through their meditative poses. CREDITS BEGIN. BEN (V.O.) Freud said, “Love and work, work and love. That’s all there is.” Well, I’m retired and my wife is dead. And on that, we ARRIVE on BEN WHITTAKER. Ben just turned Seventy, an Everyman in many ways, but a unique man to all who know him. He exhales as he turns in sync with the others. BEN (V.O.) -- As you can imagine, that has given me some time on my hands. INT. BEN’S HOUSE - BROOKLYN - NIGHT BEN, wearing a suit and tie, sits in an upright chair in his comfortable brownstone, TALKING TO CAMERA. Looks like he’s on VIDEO. BEN My wife’s been gone for three-and-a- half years. I miss her in every way. And retirement -- that is an ongoing, relentless effort in creativity. At first, I admit, I enjoyed the novelty of it. Sort of felt like I was playing hooky. EXT. JFK TARMAC - NEW YORK CITY - DAY A jumbo jet lifts off. BEN V.O. I used all the miles I had saved and traveled the globe. 2. INT. BEN’S BROWNSTONE - BROOKLYN - NIGHT Ben ENTERS in an overcoat, carrying his suitcase and wearing a purple lei around his neck. -
P150031/S028 Physician Labeling
Vercise™ PC Information for Prescribers 92104392-04 CAUTION: Federal law restricts this Content: MP92104392-04 REV A device to sale, distribution and use by or on the order of a physician. Vercise™ PC Information for Prescribers Guarantees Boston Scientific Corporation reserves the right to modify, without prior notice, information relating to its products in order to improve their reliability or operating capacity. Trademarks All trademarks are the property of their respective holders. Additional Information For other device-specific information not included in this manual, or labeling symbols, refer to the appropriate DFU as listed on your DBS Reference Guide. Technical Support There are no user serviceable parts. If you have a specific question or issue, please contact your sales representative or call (833) DBS-INFO or (833) 327-4636. Registration Information In accordance with international practice and regulatory legislation in some countries, a registration form is packed with each Boston Scientific Stimulator, DBS Lead, and DBS Extension. The purpose of this form is to maintain traceability of all products and to secure warranty rights. It also allows the institution involved in the evaluation or replacement of a specific implanted DBS Lead, accessory, or device to gain quick access to pertinent data from the manufacturer. Fill out the registration form included in the package contents. Return one copy to the Boston Scientific Customer Service Department, keep one copy for patient records, provide one copy to the patient, and save one copy for the physician. Boston Scientific Neuromodulation Corporation Attention: Customer Service Department 25155 Rye Canyon Loop Valencia, CA 91355, USA Patient Identification Card Please ensure that the patient receives a completed temporary identification card following surgery. -
Vol. 32 No.25 Hearst on ~ Le Mercredi 5 Septembre 2007 1,25$ +
HA16 « De tous ceux qui n’ont rien à dire, les plus DE HA17 À HA20 agréables sont ceux qui se taisent» Coluche. HA7-HA8 ET HA21-HA22 1976 - 2007 Le Nord LeLVol.e 32 No.25 HearstNordN On ~ Le mercredio 5 septembrer 2007d1,25$ + T.P.S. Le cirque Canuck Amusement était de pas- sage à Hearst la semaine dernière et plusieurs centaines de personnes, dont Mickaela Grenier en ont profité pour soit effectuer des tours de manège ou encore participer aux différents jeux qui étaient offerts. Photo disponible au journal Le Nord/CP Mercredi Jeudi Vendredi Samedi Dimanche Lundi Ensoleillé Nuageux avec éclaircies Ciel variable Pluie Pluie parfois forte et averses dispersées Ciel variable Max 25 Min 19 Max 20 Min 14 Max 18 Min 10 Max 15 Min 2 Max 11 PdP 0% Max 13 Min 5 PdP 20% PdP 100% PdP 100% PdP 40% PdP 10% De meilleurs services grâce au nouveau poste de police HEARST(AB) - La population veau détachement à Hearst n’est modernes qui leurs permettront pour les pièces et les éléments de renouvellement de l’infrastruc- de Hearst bénéficiera de que l’un des projets que nous d’améliorer le service offert à la preuve, une salle de réunion ture.» meilleurs services grâce à entreprenons pour renouveler population locale», a souligné le polyvalente accessible au public Dans de nombreux cas, les l’achèvement des nouvelles l’infrastructure de la Police commissaire adjoint de la Police pour les réunions communau- installations existantes de la installations du détachement provinciale au cours des deux provinciale, Chris Lewis. -
Season 9 Friends Cucirca
Season 9 friends cucirca click here to download Watch Friends Season 9 Online. 1. Episode 1 The One Where No One Proposes 2. Episode 2 The One Where Emma Cries 3. Episode 3 The One with the. Friends Season 9 Episode 21 The One with the Fertility Test Watch Friends Episodes Online · Friends Season 10 Episode 20 The Last One (2) · Friends. Home › Friends › Friends Season 9 Episode 8 The One with Rachel's Other Sister. Friends Season 9 Episode 8 The One with Rachel's Other Sister. X. Friends Season 9 Episode 20 The One with the Soap Opera Party Watch Friends Episodes Online · Friends Season 10 Episode 20 The Last One (2) · Friends. Created by David Crane and Marta Kauffman, Friends revolves around a circle of sworn Watch Friends Online for FREE! Seasons: 9: 8: 7: 6: 5: 4: 3: 2: 1. Home › Friends › Watch Friends Season 10 Online Episode 9 The One with the Birth Mother Episode 10 The One Where Latest episodes from Friends. Home › Friends › Watch Friends Season 5 Online Episode 9 The One with Ross's Sandwich Episode 10 The One with the Latest episodes from Friends. Friends Season 5 Episode 16 The One with the Cop Friends Season 10 Episode 19 The Last One (1) · Friends Season 10 Episode 18 The One With All the Other Ones (Part 2) Midnight, Texas Season 1 Episode 9 Riders On The Storm. Watch 24 Season 9 Online. 1. Episode 1 Live Another Day: A.M. – P.M. 2. Episode 2 Live Another Day: P.M. – P.M. -
Vercise™ PC Information for Prescribers
Vercise™ PC Information for Prescribers 92104392-03 CAUTION: Federal law restricts this Content: 92420759 REV A device to sale, distribution and use by or on the order of a physician. Vercise™ PC Information for Prescribers Guarantees Boston Scientific Corporation reserves the right to modify, without prior notice, information relating to its products in order to improve their reliability or operating capacity. Trademarks All trademarks are the property of their respective holders. Additional Information For other device-specific information not included in this manual, or labeling symbols, refer to the appropriate DFU as listed on your DBS Reference Guide. Technical Support There are no user serviceable parts. If you have a specific question or issue, please contact your sales representative or call (833) DBS-INFO or (833) 327-4636. Registration Information In accordance with international practice and regulatory legislation in some countries, a registration form is packed with each Boston Scientific Stimulator, DBS Lead, and DBS Extension. The purpose of this form is to maintain traceability of all products and to secure warranty rights. It also allows the institution involved in the evaluation or replacement of a specific implanted DBS Lead, accessory, or device to gain quick access to pertinent data from the manufacturer. Fill out the registration form included in the package contents. Return one copy to the Boston Scientific Customer Service Department, keep one copy for patient records, provide one copy to the patient, and save one copy for the physician. Boston Scientific Neuromodulation Corporation Attention: Customer Service Department 25155 Rye Canyon Loop Valencia, CA 91355, USA Patient Identification Card Please ensure that the patient receives a completed temporary identification card following surgery. -
Emerald Eyes
0 Trinity Lauren Emerald Eyes It’s been nearly three months since I saw Sam in person last; four since I told him I loved him for the first and only time. And now, he’s here, sat beside me as we make our way to a small beach just over half an hour away from June and I’s apartment. There was so much still unsaid between us, but we carried on as if it were nothing. The rest of my time in New York almost feels like a dream to me now—so far in the past and, yet, so prevalent now. It’s a strange place to be in with your best friend, of all people. We spoke nearly every night leading up to his visit, but nothing had been established, as far as our relationship was concerned and it’s scary. The sun is setting just beyond the water as we approach, blanket in hand. By now, most have already cleared out for fear of mosquitoes and not making it home in time to catch the evening news, but neither of those terrifying things could deter us; not after being away from each other so long. June shooed us away from the apartment after deciding to work from home after nearly a year. While not the most subtle, the excuse for alone time was appreciated, nonetheless. It was nearly a mirror image of that first night: The two of us silent, unsure of how to carry on without addressing us, hand-in-hand as we watch the stars spring up one by one. -
Seinfeld Producers Remain Masters of the Copyright Domain: Castle Rock Entertainment, Inc
DePaul Journal of Art, Technology & Intellectual Property Law Volume 9 Issue 1 Fall 1998: Symposium - Privacy and Publicity in a Modern Age: A Cross-Media Article 4 Analysis of the First Amendment Seinfeld Producers Remain Masters of the Copyright Domain: Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc. Susan S. Blaha Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Susan S. Blaha, Seinfeld Producers Remain Masters of the Copyright Domain: Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., 9 DePaul J. Art, Tech. & Intell. Prop. L. 83 (1998) Available at: https://via.library.depaul.edu/jatip/vol9/iss1/4 This Case Notes and Comments is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Blaha: Seinfeld Producers Remain Masters of the Copyright Domain: Castle CASE NOTES AND COMMENTS SEINFELD PRODUCERS REMAIN MASTERS OF THE COPYRIGHT DOMAIN: CASTLE ROCK ENTERTAINMENT, INC. V. CAROL PUBLISHING GROUP, INC.' INTRODUCTION On July 10, 1998, the Second Circuit ruled that one can in fact infringe a copyright of "nothing."2 In Castle Rock Entertainment, Inc. v. Carol Publishing Group, Inc., the Court of Appeals, in an opinion written by Judge John M. Walker, held that the Seinfeld Aptitude Test, a trivia test devoted exclusively to testing its readers' recollections of scenes and events from the highly successful television series Seinfeld, unlawfully copied from the original program The Castle Rock decision is noteworthy in several respects.