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In today's society, copying is ubiquitous. But from the Code of Hammurabi forward, copying has a long and proud history. Before the advent of the printing press, monks would devote their lives to copying manuscripts. Outside abbeys and cloisters, lawyers would copy texts to memorize and share them. Even today, highlighting and copying content to represent it ' in education and in research as in law ' is a valuable and perhaps unavoidable method of learning, sharing, and persuading.
But in today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Content farms cycle news endlessly ' sometimes with items even being automatically generated by specially designed computer software. And it goes without saying how much Hollywood loves a recycled idea.
Consequently, it can be difficult for authors and creators to identify and assert their rights in their published works in every circumstance where they might have been licensed or are being used. But for licensors to overlook these rights brings peril. Corporations that are not mindful of the rules or that don't closely enough examine provisions in copyright agreements run risks; and lesser known elements of copyright law present risk also.
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.