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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
"Providing 'best practices' for copyright litigation from many of the foremost names in the world of copyright law, this handbook is organized to break down a copyright case into the various phases of litigation--from what to consider before filing suit, to all the way through an appeal. With a focus on giving litigators with practical guidance on making strategic decisions throughout the life of a copyright case, [this guide] explores all aspects of copyright litigation strategies, including: pre-litigation considerations and analysis; alternative dispute resolution; formulating discovery plans; third-party discovery; foreign discovery; handling depositions; working with experts; motion practice; the trial; proving infringement; defeating infringement claims; evidence; appeals, and more."--
In Trademark and Copyright Litigation: Forms and Analysis, Mark V.B. Partridge and Phillip Barengolts satisfy the growing demand for practice-tested advice and commentary related to winning strategies. They offer readers both the actual and recommended sample documents for federal court trademark and copyright litigation with commentary on the strengths and the weaknesses of these particular "real-world" examples. The first volume covers cease-and-desist demands through electronic discovery, and a forthcoming second volume will cover surveys through appeals.
Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.
"This addition to the Model Jury Instructions series, published by the ABA Section of Litigation, provides clear and balanced instructions for presentation to juries in copyright, trademark and trade dress litigation. These models accurately and impartially present the elements and critical definitions of copyright, trademark and trade dress law in language that is understandable and familiar to the average juror. The book includes a CD-ROM of the jury instructions that allows for easy adaptation to particular cases or points. Chapter introductions give overviews of the current state of the law, including the major recent cases in most jurisdictions, with discussions of the practical issues you might have to consider. Individual instructions are followed by commentary that includes discussion of the cases from which the instruction was derived, as well as how and when to adapt the instruction to particular cases, to the laws of particular states, to the requirements of particular jurisdictions, or in the light of inconsistent authority. Besides making it easy to present first-rate instructions, the models and supporting citations give you an excellent starting place from which to investigate the nuances of a particular jurisdiction. This book gives you the framework for preparing and trying your case, from analyzing the fact situation and planning strategy to preparing your final argument."--Publisher's website.
To take full advantage of (or defend against) the range of available remedies, Copyright Remedies offers a concise, practical guide for any attorney who is prosecuting, defending, or evaluating a copyright infringement lawsuit or claim under the Digital Millennium Copyright Act (DMCA), or who is responsible for a copyrighted work that may become the subject of litigation. Experienced copyright and IP litigators explain the remedies available and provide checklists and analysis of subcategories of damages.
Written by two nationally recognized lawyers who have litigated major copyright cases in today's digital age, Copyright Law, Second Edition helps you to: - understand the scope of copyright owners' exclusive rights - prove copyright infringement and obtain appropriate remedies - renew, restore, and recapture copyrights - know when Internet-related activities constitute copyright infringement
Resource added for the Paralegal program 101101 and Paralegal Post-Baccalaureate diploma 311101.