Direct copyright infringement occurs when someone exercises the exclusive rights of a copyright holder without authorization, such as copying or distributing a work. Indirect infringement includes contributory infringement, which involves knowingly inducing or contributing to direct infringement, and vicarious infringement, which involves having the ability to control infringement and receiving financial benefit from it. Defenses include fair use, lack of copyright validity, and safe harbors for libraries. Remedies for infringement include damages, attorney's fees, injunctions, and in rare cases criminal penalties.
April 2011 - Business Law & Order - Richard (Rick) HoffmannAnnArborSPARK
This is the much anticipated sequel to SPARK’s smash hit IP–1 session last Fall. In this installment, we have assembled a star-studded cast of IP experts to discuss the ins and outs of licensing intellectual property (IP), as well as a “best practices” approach to avoiding the dreaded “cease & desist” letter from a competitor. Matt Bell from the UofM Tech Transfer Office will talk about the many opportunities that exist for entrepreneurs to acquire cutting edge technology from universities, and to engage university researchers to solve specific technical problems. Attorney Mark G. Malven will cover IP licensing for entrepreneurs. Attorney Richard (Rick) Hoffmann will share ways that startups and emerging businesses can reduce the risk of infringing third-party IP rights.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
April 2011 - Business Law & Order - Richard (Rick) HoffmannAnnArborSPARK
This is the much anticipated sequel to SPARK’s smash hit IP–1 session last Fall. In this installment, we have assembled a star-studded cast of IP experts to discuss the ins and outs of licensing intellectual property (IP), as well as a “best practices” approach to avoiding the dreaded “cease & desist” letter from a competitor. Matt Bell from the UofM Tech Transfer Office will talk about the many opportunities that exist for entrepreneurs to acquire cutting edge technology from universities, and to engage university researchers to solve specific technical problems. Attorney Mark G. Malven will cover IP licensing for entrepreneurs. Attorney Richard (Rick) Hoffmann will share ways that startups and emerging businesses can reduce the risk of infringing third-party IP rights.
Grievance complaint, reporting violation of one or more state and federal laws protecting employees against harassment, intimidation, retaliation, over-monitoring, increased surveillance, threat and false reporting.
This presentation is about the societal impacts. It is strictly based on CLASS 12 Informatics Practices Book aiming to help students and teachers to make learning easy .
CREDITS : pythonmykvs.in
Intended for Educators and Students. Edited version of a presentation given at the NICE (Northern Illinois Computing Educators) Conference in February, 2009.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
Employers are gathering more and more information regarding potential employee hires. Recent EEOC rules and FTC regulations have placed additional scrutiny on pre-employment inquiries and background checks by employers. Employers need to protect themselves by knowing what is "too much information." Kevin addresses the permissible bounds of pre-employment information obtained from potential employees during the hiring process.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
California privacy law presentation, Darren Chaker, offers easy to follow law firm presentation concerning privacy rights impacting employer and employee relationship.
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
This presentation is about the societal impacts. It is strictly based on CLASS 12 Informatics Practices Book aiming to help students and teachers to make learning easy .
CREDITS : pythonmykvs.in
Intended for Educators and Students. Edited version of a presentation given at the NICE (Northern Illinois Computing Educators) Conference in February, 2009.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
Employers are gathering more and more information regarding potential employee hires. Recent EEOC rules and FTC regulations have placed additional scrutiny on pre-employment inquiries and background checks by employers. Employers need to protect themselves by knowing what is "too much information." Kevin addresses the permissible bounds of pre-employment information obtained from potential employees during the hiring process.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
Intellectual Property in Cyberspace, Linking, In lining and Framing, P2P Networking,
Webtesting, Domain Names, Management of IPRs in cyberspace, Liabilities of Internet Services Providers, Digital Rights Management, Search Engines and their
Abuse, Non-original Database
California privacy law presentation, Darren Chaker, offers easy to follow law firm presentation concerning privacy rights impacting employer and employee relationship.
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
This webinar will provide a quick update on health care data privacy and security matters, including recent breaches, government enforcement actions and the rise in state law claims. We will also address the need for cyber liability insurance and provide key points in selecting the right policy or evaluating your existing policy.
On the agenda:
Basis of a Breach
Recent Settlements/Enforcement Areas
State Actions on the Rise
Need for Cyber Liability Insurance
Most commonly asked questions relating to copyrightAhmedTalaat127
The word “copyright” (or “author’s right”) refers to the legal rights that artists hold over their literary and creative works. Books, music, art, sculpture, and films are among the works covered by Copyright, as are computer programmers, databases, advertising, maps, and technical drawings.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
2. Context of Infringement
– Courts have formulated ways to answer the following questions:
– How much knowledge is needed before infringement can occur?
– How and when does aiding and abetting a copyright infringer also become infringing behavior?
– Usually a civil action with civil penalties
– Can rise to a criminal action where there is widespread, willful infringement
– Possible to face both a civil liability and a criminal char
– A strict liability statute
– Although the actor’s state of mind is relevant when damages are assessed
– A continuum of mens rea, from innocent infringement to knowing infringement to willful infringement
– Actus reus non facit reum nisi mens sit rea, which means "the act is not culpable unless the mind is guilty".
– Two types of infringement: direct and indirect
3. How Do You Know It’s Direct
Infringement?
– Direct infringement occurs when there is “(1) ownership of a valid copyright,
and (2) copying of constituent elements of the work that are original.” (Feist)
– Is there a valid copyright?
– Proved through registration, & other evidence.
– Copyright Office registration is prima facie evidence of a valid copyright
– Examples: Georgia State case, Point Break Live case
– Has the alleged infringer has exercised one or more of the exclusive rights of the
rights holder?
– Proved through a two-pronged test
4. How Do You Tell That the
Defendant Infringed?
– Opportunity to copy
– Did the defendant have access to the work?
– Was the work disseminated widely?
– Don’t have to have studied the work or intended to copy
– Substantial similarity
– Must disregard the elements that can’t be copyrighted
– Who can detect the copying?
– Different circuits have formulated different tests
– Intrinsic/extrinsic test, audience test, dissection/filtration test
5. Indirect Infringement:
Contributory Infringement
– Contributory infringement
– The infringer knows that the infringement is happening and induces, causes, or
contributes to the infringement.
– Example: Courts have found contributory infringement in cases where
companies built and provided peer-to-peer software that was used for illegal
file sharing.
– Note that contributory infringement differs from direct infringement in that the
infringer must have knowledge that what he or she is doing violates copyright
law.
6. Indirect Infringement: Vicarious
Infringement
– Vicarious infringement occurs when the alleged infringer has the ability to
control the copyright infringement in some way and receives a monetary
benefit from the infringement.
– Like direct infringement, liability can occur without actual knowledge that the
activity is infringing.
– Courts developed the idea of vicarious infringement in the context of dance
halls in the 1920s, where are the owners of the buildings could have required
musicians to seek public performance licenses but did not do so.
7. Defenses
– Fair use
– Other statutory defenses (face to face teaching, etc.)
– Plaintiff’s lack of standing
– Laches (excessive delay)
– Safe harbor from indirect infringement claims for ISPs and others through the
DMCA takedown process
8. Defenses for Librarians and
Libraries
– Not liable for unsupervised copying if notices are posted on machines (Section
108)
– The court shall remit statutory damages in any case where an infringer believed
and had reasonable grounds for believing that his or her use of the copyrighted
work was a fair use under section 107, if the infringer was: (i) an employee or
agent of a nonprofit educational institution, library, or archives acting within the
scope of his or her employment who, or such institution, library, or archives
itself, which infringed by reproducing the work in copies or phonorecords
9. Defenses for Librarians and
Libraries, cont.
– Am I liable if I’m sued for something arising out of my employment at the University? Do I need to hire an attorney?
– You could be, but the State offers the following protections. The North Carolina Defense of State Employees Act provides that an employee may
request legal representation by the Attorney General if he or she is sued for matters arising within the course and scope of University
employment. If the Attorney General consents to representation, the University is responsible for the first $500,000 of any judgment and, unless
covered by an exclusion, the Excess Liability Policy carried by the State at no charge to you would cover judgments up to $5,000,000 per
employee, $5,000,000 per occurrence, and $10,000,000 per annual aggregate. If you receive a notice that you are an individual defendant, please
contact any Office of University Counsel attorney for assistance.
– You probably do not have to hire your own attorney, nor should you. The North Carolina Defense of State Employees Act provides that an
employee may request legal representation by the Attorney General if he or she is sued for matters arising within the course and scope of
University employment. However, the Attorney General could decline to represent you if he or she determines that:
– The act or omission was not within the scope and course of your employment; or
– You acted or failed to act because of actual fraud, corruption, or actual malice; or
– The defense of the action or proceeding by the State would create a conflict of interest between the State and you; or
– The defense of the action or proceeding would not be in the best interests of the State.
– Under certain circumstances, the University may reimburse you for the costs of outside counsel if the Attorney General declines representation. If
you receive a notice that you are an individual defendant, please contact any of the attorneys in the Office of University Counsel for assistance.
– UNC Office of University Counsel. Frequently Asked Questions.
10. Defenses for Librarians and
Libraries, cont.
– Sovereign Immunity
– “Copyright owners have but one arrow left in their quiver to prevent or deter
infringement of their intellectual property rights by States. That arrow is injunctive
relief against particular employees of the State.” --Marybeth Peters, former Register
of Copyrights, in 2000, http://www.copyright.gov/docs/regstat72700.html
11. Remedies
– A requirement that the infringer pay the copyright holder for damages incurred
– The infringer may have to pay court costs and the other party’s attorney fees
– The court may issue an injunction requiring the infringer to stop the infringing
activity
– Fines can range from $200 to $150,000, depending on the willfulness of the
activity and other circumstances
– The court can impound infringing works
– In some situations, an infringer may go to jail
12. Award of Court Costs and
Attorney Fees
– In any civil action under this title, the court in its discretion may allow the
recovery of full costs by or against any party other than the United States or an
officer thereof. Except as otherwise provided by this title, the court may also
award a reasonable attorney’s fee to the prevailing party as part of the costs. --
17 USC 505
– Fogerty v. Fantasy
– Kirtsaeng redux