 January 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within...  Copyright Law Revision: Hearings Before the Subcommittee on Courts, Civil ... - 334. lappuseautors: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1976 - 2240 lapasPilnskats - Par šo grāmatu
 | Michael A. Einhorn - 2005 - 226 lapas
...stipulates when the work should fall into the public domain; Section 301 (a) pre-empts any state law 'legal or equitable rights that are equivalent to...exclusive rights within the general scope of copyright'. Publicity rights seemed to prevail over copyright in Wendt v. Host 1nternational, 1nc., where the court... | |
 | Michael A. Epstein - 2006 - 1454 lapas
...in pertinent part: § 301. Preemption with Respect to Other Laws (a) On and after January 1, 1978, all legal or equitable rights that are equivalent...and come within the subject matter of copyright as specified by sections 102 and 103, whether created before or after that date and whether published... | |
 | 2005 - 1056 lapas
...a statutory preemption provision in the Copyright Act, 17 USC §301 (a) (2004), which provides that "all legal or equitable rights that are equivalent...exclusive rights within the general scope of copyright ... are governed exclusively by this title." Id. Section 301 preempts only those state law rights that... | |
 | Matthew Bashman - 2005 - 344 lapas
...or statutes of any State with respect to activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the general scope of copyright as specified" in the Act. 17 USC Section 301(b)(3); see United States Trotting Ass 'n v. Chicago Downs Ass'n, Inc.,... | |
 | Karen Rupp-Serrano - 2005 - 236 lapas
...unenforceable under federal copyright law,43 the circuit court held that "a simple two-party contract is not 'equivalent to any of the exclusive rights within the general scope of copyright' and therefore may be enforced."44 This case began a trend of cases which held that shrinkwrap and clickwrap... | |
 | Scott - 2007 - 2324 lapas
...requires the existence of two elements before preemption will be found: (1) the state law must create "legal or equitable rights that are equivalent to...general scope of copyright as specified by section 106," and (2) the subject matter of the state law must be "works of authorship that are fixed in a tangible... | |
 | D. Vaver - 2006 - 576 lapas
...commenced before January 1, 1978; or (3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the...general scope of copyright as specified by section 106. 1 19 Rights in reputation would not normally be "equivalent" to the sort of property rights protected... | |
 | Hossein Bidgoli - 2006 - 1008 lapas
...detail in the sections below. Originality Copyright protection under the 1976 Act extends to original works of authorship that are fixed in a tangible medium of expression. To be protected, the creation must be an original work of the author, originating from the author claiming... | |
 | Matthias Laier - 2007 - 620 lapas
...undertakings commenced before January l, 1978; (3) activities violating legal or equitable rights that are not equivalent to any of the exclusive rights within the...general scope of copyright as specified by section 106; or (4) [...]. ///. Sports Broadcasting Act 15 LSCA § 1291 Exemption from antitrust laws of agreements... | |
 | Giuseppe Mazziotti - 2008 - 374 lapas
...definition), the analysis of European judges on the 431 See US Code, Title 17, §301, which refers to "[...] all legal or equitable rights that are equivalent...general scope of copyright as specified by section 106 [...]"(emphasis added). 432 As explained by Guibault, Copyright Limitations and Contracts, op. cit.,... | |
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