MEG MURRY SHOULD BE GRANTED SUMMARY JUDGMENT BECAUSE THE DISCERNING OBSERVER TEST DEMONSTRATES THAT THERE ARE NO SUBSTANTIAL SIMILARITIES BETWEEN THE PROTECTIBLE ELEMENTS OF THE TWO BOOKS. A motion for summary judgment is granted when the similarities concern only non-copyrightable elements of an allegedly infringed work or when no reasonable trier of fact could find the works substantially similar. Boisson v. Banian, Ltd., 273 F.3d 273 (2d Cir. 2001); Castle Rock Entm 't, Inc. v. Carol Publ 'g Grp., Inc., 150 F.3d 132 (2d Cir. 1998); Williams v. Crichton, 84 F.3d 581 (2d Cir. 1996); Walker v. Time Life Films, Inc., 784 F.2d 44 (2d Cir 1986). When the works contain protectable and unprotectable elements, the court applies a more discerning test, extracting the unprotectable elements from the works and asking whether the protectable elements, standing alone, are substantially similar. Knitwaves Inc. Lollytogs Ltd., 71 F.3d 996 (2d Cir. 1995) The discerning ordinary observer test must be applied in conjunction with the total concept and feel after the unprotectable elements are eliminated from consideration. Boisson, 273 F.3d 273. An allegedly infringing work is considered substantially similar to a copyrighted work if the ordinary lay observer unless he set out to detect the disparities, would regard the two works appeal as the same. Boisson 273 F.3d 273; Knitwaves, 71 F.3d 996. In determining whether or not the allegedly infringing work falls below the quantitative
McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was
In the supreme court Muehler v. Mena case, Mena sued the officers in federal district court for violating her 4th amendments rights. The fourth amendment protects people from unreasonable searches and seizures by the government. The officers heard that there was that she was affiliated with gang violence and deadly weapons so they searched the house that Mena and others were in. The officers did things like handcuff Mena and the others. They also questioned her about her immigration status. She believed this violated her 4th amendment rights that should protect her from unreasonable searches and seizures by the government. Mena tried suing the officers in federal district court for violating her Fourth Amendment rights after this. She felt
Maura K. McCarthy is an alumna of the class of 1983, and a 1987 graduate from College of the Holy Cross. After five years in the insurance industry, Maura graduated from the former Southern New England School of Law and began her 18-year career with the District Attorney’s Office for the Middle District. Maura was the Chief of the DA’s Sexual Assault/ Child Abuse Unit until her appointment as an Associate Justice of the District Court. Presently, Maura is the Presiding Justice in the Western Worcester District Court.
The motion for partial summary for the plaintiff was denied by the court and the objection was overruled without prejudice to raise the issue for consideration at trial.
The case McCulloch v. Maryland was one that began in the state of Maryland, and eventually was decided upon at the national level, via the Supreme Court, in 1819. It would assert national supremacy over that of state action in areas where the constitution granted forms of authority.
1. In 1819, McCulloch v. Maryland was a landmark decision deciding that the State of Maryland at the time cannot hinder federal banks by forcing a tax on banks not chartered by Maryland. At the time of 1810, banks were collapsing due to an economic downfall of the war of 1812. The banks that survived that were licensed by the States lacked a lot of recognition and trust to move forward after the war to make an economic push. Then in 1816, Congress granted a charter to the Second Bank of the United States and also provided one-fifth of the nation’s capital of $35 million.
It is an undeniable fact that children from poor families often start school far behind their high income peers, as shown by the chart from "Troubled Schools on Trial". Judge Thomas Moukawsher urged changes to Connecticut's educational policies that can only be enacted by the General Assembly. One could argue that Judge Moukawsher overstepped his boundaries as a judge in his decision, but that doesn't mean it should be automatically overturned. A legislative approach is always preferable to a judicial decision in lawmaking. However, both legislators and judges should be focused on their constitutional duty to provide adequate educational opportunities to all students, which means closing funding disparities between wealthy and poor districts,
To what degree are two photos similar enough to have both parties get involved in court? This question is asked frequently in the copyright law world, and is the subject of a case involving Esquire magazine’s cover of famous contemporary boxer Sonny Liston in 1963 and if the 1998 cover of Sports Illustrated with the then-popular boxer Evander Holyfield infringed on Time Inc.’s copyright. At face value the image can be copyrighted, but when dissecting the individual elements of the image apart, what remains is a weak argument to justify copyright protection.
I agree with court’s decision to dismiss Ms. Marder’s grievance against Paramount. Ms. Marder made a contract with Paramount and sold away the rights to her story. The contract between Ms.Marder and Paramount was legal and binding; the courts could not favor her. Paramount became the legal own of Ms. Marder’s story at the time of its purchase; the price they paid for her story, although quite small, was the amount she had agreed to.
|Where there are reasonable grounds for believing that plagiarism or collusion has occurred, this will be reported to the Chief Examiner, who will disallow |
The second approach to copyright is the democratic approach. All works of art are ideas built on a foundation of other ideas. The democratic approach advocates that intellectual property belongs to the society and should be available for the general good of the public. If the particular usage is intended to derive financial benefit or any other business-related benefits, it is considered inappropriate usage. If the utilization of factual work were more usable than the use of someone’s creative work, then that would not be fair use. There is no specified edge to the amount of quoted work that can be called “fair use.” The courts exercise common sense to determine if it was too much. If the utilization of the material created market or stirred a competition, and if the fair use diminishes demand for the original product, it is not considered as appropriate use (Crews, 1993).
Everyone is brought into this world as innocent and pure. But events that follow a person in life can change their perspective on the world, and make them start to question if the things they have learned about human nature are true. This scenario can be used to describe the life of young Jean Louise Finch (Scout) in the novel To Kill a Mockingbird by Harper Lee. This riveting novel takes place in the time era of the 1930s when the Great Depression was demolishing lives, and racial discrimination was high. Told through the eyes of Jean Louise, readers learn about Jean’s father Atticus Finch.
Copyright, Design and Patents Act 1988 – protects the rights of the creators of literary, dramatic, musical, and artistic works, recordings and broadcasts. Copyrighted material can only be copied with the copyright owner’s permission, which includes books, music, photographs, drawings, diagrams, etc;
Furthermore, the excessive pride exhibited by Macbeth at the end of the play highlights the psychological annihilation caused by toxic masculinity; leading to his eventual death. He conforms to the traits viewed as traditionally male since he becomes violent and excessively prideful of his masculinity and strength, and, consequently, reaches his demise. The unwavering pride that he possesses is evident when he refuses to acknowledge Malcom’s right to the throne of Scotland and states, “I will not yield, / to kiss the ground before young Malcolm’s feet” (5.8, 81). The use of the words “I will not yield” exemplify Macbeth’s need for dominance because subordination correlates with being weak. Also, the act of kneeling and kissing the ground
Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.