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Too bad, the court will certainly say; a content-based preliminary injunction of speech would be a blatantly unconstitutional prior restraint. Likewise for preliminary injunctions against obscenity and other kinds of speech, despite the fact that such speech, if ultimately found to be unprotected at trial, could be criminally or civilly punished.
How can this be?
Why, then, not to allegedly infringing speech? In Part I, we discuss the history of preliminary injunctions in copyright cases and the current law relating to such injunctions. In Part IV, we discuss the implications of the collision between copyright law principles and free speech principles, and propose some changes that are needed to bring copyright law into line with constitutional commands.
We conclude that permanent injunctions in copyright cases should generally be constitutional, and the same should go for preliminary injunctions in cases that clearly involve literal copying, with no plausible claim of fair use or of copying mere idea rather than expression.
Other preliminary injunctions, though, should generally be unconstitutional. In Part V, we briefly explore these questions with regard to other kinds of intellectual property--trademarks, rights of publicity, trade secrets, and patents.
We conclude that the problem is not limited to copyright, and that at least in trademark and right of publicity cases, preliminary injunctions may sometimes run afoul of the First Amendment.
Finally, in Part VI we say a bit about the practical prospects for revising the law along the lines we suggest. Preliminary injunctions have been a feature of English copyright law since its inception. The first modern English copyright act was the Statute of Anne in While the overlap between the two produced some disputes, it was well established that injunctive relief could be ordered by the Court of Chancery notwithstanding the existence of a legal remedy in damages.
The issuance of such injunctions in England appears to have been rather common in the early days of copyright, and the standard for their issuance rather lenient. Beckett, Lord De Grey concluded that of the seventeen copyright decisions between andseven appeared to be "injunctions granted ex parte, upon filing the bill, with an affidavit annexed.
But it is notable that English courts regularly issued preliminary injunctions in copyright cases in which "the defendant [was] not so much as heard. Indeed, in one case the Chancellor issued an injunction "till the hearing" at law on the basis of an expired copyright, on the grounds that the plaintiff might in addition be entitled to common law copyright protection.
Some courts characterized this as an effective presumption in favor of injunctive relief. A Court of Equity therefore acts, with a view to make the legal right effectual by preventing the publication altogether. Despite the fact that United States copyright law was based largely on the English model, 24 early U.
Bender, 33 where the court refused to issue a preliminary injunction despite clear evidence of copying because the infringing work was not a "mere copy" and was unlikely to supersede the original.
Plaintiffs who had made a clear showing of infringement were sometimes denied injunctive relief if the defendant presented evidence that it could pay adequate damages after the completion of the suit.SMALLVILLE (Spoilers) There was a Bruce Wayne series in development at the same time Smallville was being developed.
WB went one way. (Please Michael figure out a way to get a little more without being dropped, hon. We want to see more of your shaved head and smiling face on the show.).
TV announcer (archival): Ladies and gentlemen across the nation, we’re packed in here, a half a million people I would say, here in Times vetconnexx.com village green of little old New York town.
Gentleman, Your Verdict is a great short story to use to discuss moral dilemma's and decisions.3/5(2).
I always see lots of r/K related stories I think might interest the readers here, but I only have time to blog about a few, so here are some additional news stories that might be of interest.
Rev. Nonnamuss on These Hate Notes With Perfect Grammar And Spelling That A 5th Grade Framingham Muslim Girl “Found” At School Seem Legit; Michael Avenatti on New Bedford Crotch Box And Punctuation-Free Posse Show Up On TBS Returns To Defend Her Good Name, Claims To Have Life Insurance Policy From Deceased Husband, Yet Was Begging Online For Stranger’s Money.
Though it was seen by many as amt-war Vietnam allegory when it first came out, Breaker Morant has been revealed by time to be Bruce Beresford's masterwork, the late Edward Woodward's finest role, and one of the greatest war films ever made.