MEG MURRY SHOULD BE GRANTED SUMMARY JUDGEMENT BECAUSE TO EFFECTIVELY ANALYSIS THE SUBSTAINAL SIMILARITIES BETWEEN BOOKS WHEN THE ELEMENTS UNDER SPECULATION ARE UNPROCTABLE; THE DISCERNING OBSERVER IS MOST APPROPRIATE.
A motion for summary judgment may be granted by a district court when the similarity concerns only uncopyrightable elements of alleged infringed work or when no reasonable trier of fact could find the works substantially similar. (Castle, Walker) When the works contain both protectable and unprotectable elements, the examination must be more discerning, extracting the unprotectable elements from the works and asking whether the protectable elements, standing alone, are substantially similar. (knit, Tufenkian). The discerning ordinary observer test must be applied in conjunction with the total concept and feel where after the unprotectable elements are eliminated from consideration an assessment of the total concept and feel of the works at issue. (bOISSON) Only when the alleged infringed work consumes protectable elements does the ordinary observer apply; here if an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work would be substantially similar. (boisson, knit) After the ordinary observer test or the more discerning inquiry is applied, the works are to be examined by the total concept and feel. (KINT)
The Second Circuit court routinely grants summary judgment when there is no copyright infringement
For summary judgment to be granted, the movant must show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The appellate standard of review for reviewing summary judgment orders in this case is the de novo standard, as this is a decision regarding “mixed questions of law and fact”. Barr v. Lafon, 538 F.3d 554, 562 (6th Cir. 2008).
1. The first issue is whether the trial court erred in denying Greer's motion for summary judgment on the grounds that Mr. Austin's will contest was barred by T.C.A. § 32-4-108 (Supp. 1991).
Muriel Spark’s work is appreciated as appealing to readers and described best as “clever and elegant.” According to Waugh, novels of Spark are extraordinarily various, diverse in themes and all novels are fused with each other by a tone or a voice. However, some of her novel may appear bizarre and at times emblematic to readers, while some are
Judge Lisa Hammond is a special judge for the seventh district court of Oklahoma County, in Oklahoma. She earned her bachelor’s degree in political science from the University of Oklahoma. She was interested in criminology but had never considered attending law school. After she began working criminal investigation in the juvenile department, she changed her mind. She felt that attorneys did not pay enough attention to the police and investigators she worked with when they were developing cases. Out of frustration and determination she studied and took the LSAT. She was soon accepted to the University of Oklahoma College of Law.
Remarque prefaces his novel with a short statement to emphasise its purpose to the reader. In the preface Remarque clarifies that the book was created as neither an accusation nor a confession, it had not even intended to be an adventure
One way the novel’s portrayal of history in relation to modern day can be viewed by analyzing the similarities
In this constantly evolving television landscape, HBO executive Kathleen McCaffrey admits that she is uncertain about what the future holds for her career and for the industry, in general. However, McCaffrey confidently states, “There will always be people who have to choose content and support a creative mind.”
The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.
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.
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.
Summary judgment is a procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter law. And the veredict against the other defendant was $30,000 while the plaintiff asked for $40,000.
Matier’s motion for summary judgement should be denied because the posting of Kemp smoking a bong is highly offensive to a reasonable person of ordinary sensibilities. While Matier may perceive that the post was not highly offensive when she posted an old college picture of Kemp smoking a bong. It is highly offensive for Kemp an Assistant District Attorney, who has a reputation and moral standard to uphold to have his private pictures posted on social media. Also, Matier posting the picture was not of legitimate public concern because Matier just wanted to play a joke on Kemp to embarrass him. Therefore, Matier’s motion for summary judgement should be denied because the posting of Kemp smoking a bong is highly offensive and the matter is not
Though set in entirely dissimilar countries at different points in history, Margaret Atwood’s ‘Alias Grace’ and Hannah Kent’s ‘Burial Rites’ possess significant comparisons. Both for instance, are fictionalized historical novels following the tribulations of a female protagonist convicted of murder and both have been widely acclaimed for their incredible literary style which merges classic poetry, epigraphs, folklore and historical articles with fiction. The most striking parallel between each novel that can be drawn, however, is the way in which authors masterfully craft the stories of untrustworthy, cunning and deceptive criminals to elicit sympathy from their audiences. Readers of the novel and secondary characters alike are gradually pulled into sympathising with ambiguous and untrustworthy female leads, Grace Marks (Alias Grace) and Agnes Magnusdottir (Burial Rites). Despite the heavy suspicions of others and a lack of evidence to support their claims of innocence, these characters present artfully manipulated features of their defence stories to provoke empathy, sympathy and trust from those within the novel, and those reading it.
Critically analyzing stories based on the elements of fiction can give readers a more in-depth perspective on the authors true meaning to what is written. In Susan Glaspell's "A Jury of Her Peers", irony, theme, and plot and structure are applied well throughout. When analyzing this story, it can not be judged on how appealing or entertaining it is, but whether or not it fully achieves its central purpose and how significant that purpose is. In this story every element mentioned has worked together to bring this tale to life.
Even with only assumptions, the “comprehension” of Wrights treatment of Minnie “makes the murder totally understandable”, meaning that without any true evidence, the audience and characters find Minnie guilty of and justified in committing murder (Alkalay-Gut 6).