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Topic: Exclusive right

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	Legal Notice \| Network Solutions
		A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
		You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
		A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
	www.networksolutions.com /legal/legal-notice.jsp (1775 words)

	Exclusive right - Wikipedia, the free encyclopedia
		Exclusive rights may be granted in property law and intellectual property law as well as in relation to public utilities.
		However, an exclusive right is not necessarily absolute, as an easement may allow a certain level of public access to private land.
		In property law, exclusive rights have often been the codification of pre-existing social norms with regard to land or chattels.
	en.wikipedia.org /wiki/Exclusive_right (590 words)

	Act No. 32 of January 11, 1991 on the Exclusive Right in the Topography of an Integrated Circuit (Site not responding. Last check: 2007-11-07)
		The exclusive right in a topography or the right to use a topography in the manner referred to in Section 7 (license) may be transferred to another party.
		However, the holder of the exclusive right in the topography of the circuit shall be entitled to fair compensation for any distribution or importation which has taken place after the distributor or importer became aware of the illegal production of the circuit or had reasonable grounds to suspect such illegal production.
		In lawsuits and other cases pertaining to an exclusive right in a topography, the party who has last been entered in the Register of Topographies as the holder of the exclusive right shall be deemed to be the holder of the exclusive right.
	www.wipo.int /clea/docs_new/en/fi/fi065en.html (3541 words)

	[No title]
		Justice Roberts stated that exclusive rights are important for the development of modern shopping centers and that the modern approach was to realistically interpret the exclusive right so as to give effect to the intent of the parties.
		The exclusive right provision concluded by stating that Gumberg "covenants and agrees that rights similar to the rights herein granted by [Gumberg] to [Penney] are not held by any other tenant or occupant of space within" Quaker Village.
		Notice of the maximum term of a lease is important because the term partly defines or circumscribes the rights of a purchaser, mortgagee, or judgment creditor--or, as I have assumed, a tenant to be bound by a co-tenant's restrictive covenant.
	vls.law.vill.edu /locator/3d/may1996/96a1320p.txt (5187 words)

	AN EXCLUSIVE RIGHT TO EVOKE
		The right of publicity law was applied to look-alikes,8 sound-alikes,9 and a racecar that made people think of its driver;10 state trademark [*PG293]dilution laws had been invoked against marks that resembled other marks without causing confusion;11 and copyright law had been interpreted to protect the “total concept and feel” of creative works.
		The critique therefore targets evocation as a right in and of itself, and not as a piece of evidence to be considered in an infringement suit.
		It establishes that a right to evoke is not a notion limited to a rogue opinion of the U.S. Court of Appeals for the Ninth Circuit or to right of publicity law.
	www.bc.edu /schools/law/lawreviews/meta-elements/journals/bclawr/44_2/02_TXT.htm (5221 words)

	MSN Encarta - Patent
		Patent, in law, in its most general sense, a document issued by a government conferring some special right or privilege, usually the exclusive right to an invention, for a limited amount of time.
		The first English patent was granted in 1449 by Henry VI to John of Utynam, giving him a monopoly on the making of stained glass for a period of 20 years.
		A patent, therefore, is a right to stop competition for a limited period, although it applies only in the country for which it has been granted.
	uk.encarta.msn.com /encyclopedia_761573795/Patent.html (473 words)

	US CODE: Title 17,114. Scope of exclusive rights in sound recordings (Site not responding. Last check: 2007-11-07)
		(b) The exclusive right of the owner of copyright in a sound recording under clause (1) of section 106 is limited to the right to duplicate the sound recording in the form of phonorecords or copies that directly or indirectly recapture the actual sounds fixed in the recording.
		The exclusive right of the owner of copyright in a sound recording under clause (2) of section 106 is limited to the right to prepare a derivative work in which the actual sounds fixed in the sound recording are rearranged, remixed, or otherwise altered in sequence or quality.
		The exclusive rights of the owner of copyright in a sound recording under clauses (1) and (2) of section 106 do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate those in the copyrighted sound recording.
	straylight.law.cornell.edu /uscode/html/uscode17/usc_sec_17_00000114----000-.html (3740 words)

	George, Progress and Poverty, Book VII, Chapter 1: Library of Economics and Liberty
		For the right to the produce of labor cannot be enjoyed without the right to the free use of the opportunities offered by nature, and to admit the right of property in these is to deny the right of property in the produce of labor.
		The equal right of all men to the use of land is as clear as their equal right to breathe the air—it is a right proclaimed by the fact of their existence.
		This is a right which is natural and inalienable; it is a right which vests in every human being as he enters the world, and which during his continuance in the world can be limited only by the equal rights of others.
	www.econlib.org /LIBRARY/YPDBooks/George/grgPP27.html (3460 words)

	Fount of honour - Wikipedia, the free encyclopedia
		The fount of honour (Latin: fons honorum) refers to a nation's head of state, who, by virtue of his or her official position, has the exclusive right of conferring legitimate titles of nobility and orders of chivalry to other persons.
		During the High Middle Ages, European knights were essentially armoured, mounted warriors; it was common practice for knights to confer knighthoods upon their finest soldiers, who in turn had the right to confer knighthood on others.
		After the end of feudalism and the rise of the nation-states, such orders and knighthoods, along with titles of nobility (in the case of monarchies), became the exclusive domain for the monarchs (heads of state) to reward their loyal subjects (citizens) - in other words, the heads of state became their nations' "fountains of honour".
	en.wikipedia.org /wiki/Fount_of_honour (404 words)

	Hunker v
		Assuming the right transferred to appellees in the agreement was a non‑ exclusive right to fox hunt, appellants argue that the trial court erred in determining that any fox hunting by appellant was unreasonable per se under section (8) of the agreement, which provides:
		If the right to fox hunt is non‑exclusive, appellants continue, it cannot be unreasonable to allow two competing groups to fox hunt, because a non‑exclusive right to fox hunt clearly contemplates that the owner also has the right to fox hunt.
		Because appellees possess a non‑exclusive right to fox hunt, all hunting by appellants cannot be said to be an unreasonable interference.
	tarlton.law.utexas.edu /dawson/cases/use/hunker.htm (2844 words)

	Civil Jury Instructions
		The exclusive licensee has the right to exclude others from copying the work [to the extent of the rights granted in the license].
		An exclusive licensee is entitled to bring an action for damages for copyright infringement of the right licensed.
		The bracketed language in the first sentence of the second paragraph, ("[to the extent of the rights granted in the license]") is not necessary when the extent of the license and its applicability to the alleged infringing activity was established in pretrial proceedings.
	www.ca9.uscourts.gov /web/sdocuments.nsf/6b42fae391e7c85d88256aae0064a9f1/bcc255b238808c0488256ab600644c93?OpenDocument (456 words)

	Ask CB Gundaker - Selling
		Exclusive agency listings discourage brokers from spending time or money marketing property because the arrangement offers no assurance of a reward for their efforts.
		An exclusive right to sell listing is also referred to as an exclusive authorization and right to sell or just a plain, old exclusive.
		Exclusive right to sell listing contracts vary widely in length, wording, and complexity from one state to another and from city to city within any given state.
	askgundaker.katabat.com /content/Event.asp?ASK=2.100 (426 words)

	Exclusive Right Clauses
		Tenants will want a broad exclusive provision, which bars the landlord from allowing any other space at the center to be used for the sale of any of the items or services sold by tenant.
		One of the most important aspects of drafting exclusives is defining the term "competing business." Tenant will seek a broad definition to cover all similar potential uses, or at least primary uses, while landlords attempt to limit the definition to a specific, precise list of items.
		Although a clear majority of courts have upheld the right of a landlord and tenant to exclude a competing business from a shopping center, both parties should be careful to draft the provision in the least restrictive manner.
	retailtrafficmag.com /mag/retail_exclusive_right_clauses/index.html (798 words)

	Council Approval of Exclusive Right Agreements of 1999
		"(B) If the Mayor determines that the exclusive right agreement is consistent with the requirements of this subsection, the Mayor may transmit to the Council a proposed resolution to approve the exclusive right agreement.
		Alternatively, prior to the submission of the resolution to the Council the Mayor may condition the exclusive right agreement transmitted from the Agency, or negotiate his or her own exclusive right agreement, subject to paragraphs (3) and (4) of this subsection.
		"(3) For each individual project for which an exclusive right agreement is required, the Mayor shall submit to the Council a resolution of approval of the exclusive right agreement accompanied by a summary description of the proposed project, a listing of the public purpose benefits to be derived from the proposed project.
	www.dcwatch.com /archives/council13/991206a.htm (496 words)

	SSRN-From Having Copies to Experiencing Works: the Development of an Access Right in U.S. Copyright Law by Jane Ginsburg
		Even if Congress may qualify the right's exclusivity by imposing a variety of compulsory licenses, or outright exemptions, it is one thing to introduce specific and narrow gaps in coverage, quite another to design a system that pervasively fails to afford meaningful exclusivity.
		Thus, the exclusive Right today is not only a copy-right, but an access right, and the Essay explores the implications of that claim.
		On the contrary, the claim is that the access right is an integral part of copyright, and therefore should be subject to exceptions and limitations analogous to those that constrain copy-right.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=222493 (499 words)

	U.S. Copyright Office - 128-Bit Browsers
		A “transfer of copyright ownership”; is an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.
		Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto.
		(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and
	www.copyright.gov /title17/92chap1.html (10993 words)

	PRH -- Exclusive Right to a Company Name
		An exclusive right to a company name is obtained either by having the name entered into the relevant register or by establishing it.
		An exclusive right to a company name confers its owner the right to prohibit others in this country from using a company name that could be confused with his company name, unless it can be proved that the said owner will not suffer damage from such use.
		An exclusive right based on establishment means that another business operator may not use a confusable company name in the area where the company name has been established (Section 3 of the Company Names Act).
	www.prh.fi /en/txt/kaupparekisteri/yritystennimet/yksinoikeus.html (832 words)

	AN EXCLUSIVE RIGHT TO EVOKE - Notes
		In the middle of the last century, however, courts decided that the general right of individuals to be left alone was not well suited to remedying uses of celebrity identities (because the celebrities had deliberately cast themselves into the limelight) and accordingly developed the modern right of publicity.
		The court held only that the right of publicity cause of action ‘may be’ pleaded by alleging, inter alia, appropriation of name or likeness, not that the action may be pleaded in only those terms.
		When the actors brought a right of publicity claim, the licensee defended on the ground that its license authorized use of the characters and that, because its right to the material sounded in copyright, it preempted the actors’ state right of publicity claim.
	www.bc.edu /schools/law/lawreviews/meta-elements/journals/bclawr/44_2/02_FTN.htm (5787 words)

	Rights Granted Under Copyright Law (BitLaw)
		These exclusive rights are different from the rights given to a person who merely owns a copy of the work.
		The rights are not without limit, however, as they are specifically limited by "fair use" and several other specific limitations set forth in the Copyright Act (see the BitLaw discussion on Fair Use for more information on these limitations).
		Thus, it would be a violation of the public performance right in a motion picture to rent a video and to show it in a public park or theater without obtaining a license from the copyright holder.
	www.bitlaw.com /copyright/scope.html (904 words)

	No Right to Walk between High Water Mark and Water’s Edge
		The trial court found for Glass, ruling that she has the “right to use the shore of Lake Huron lying below and lakewards of the natural ordinary high water mark for pedestrian travel.”1 The Goeckels appealed the decision of the trial court.
		It is important to note, however, that the court held that this right of exclusive use does not correspond with actual ownership of the land.
		The Goeckels, as riparian owners, have the exclusive right to the use and enjoyment of the dry land to the water’s edge.
	www.olemiss.edu /orgs/SGLC/SandBar/3.2beach.htm (901 words)

	selling your home using an exclusive right to sell listing (Site not responding. Last check: 2007-11-07)
		Giving a real estate agent the "exclusive right to sell" your property does not mean that there will not be other agents involved.
		Your agent is the listing agent and the most important part of his or her job is to market your home to other agents who work with buyers.
		Only with an "exclusive right to sell" does an agent have a realistic expectation of earning anything on their investment in selling your home.
	content.realestateabc.com /homeselling/listingtypes3.htm (246 words)

	Untitled Document (Site not responding. Last check: 2007-11-07)
		The safeguards provided by constitutional provisions prohibiting special or exclusive rights and privileges are similar to those accorded under equal protection principles.
		98-20 (1998) (a contract granting a soft drink company a multi-year exclusive right to sell soft drinks at all state university facilities does not constitute a grant of an exclusive right or privilege with the meaning of state constitution’s prohibition against exclusive rights, privileges or immunities).
		In addition, the exclusive right to sell soft drinks under the Beverage Contract is limited to the City’s property and facilities.
	www.ago.state.nm.us /divs/civil/opinions/o2000/00_04.htm (1630 words)

	[No title]
		As far as cinematographic works are concerned, the TRIPS Agreement provides for an impairment test: a Member shall be excepted from according the right in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors.
		Computer programs are excluded, under the TRIPS Agreement, from the scope of the right of rental in a single case: if the program is not the essential object of the rental, the obligation to grant a rental right does not apply.
		A broad right of rental was favoured by Argentina, Brazil, the European Community and its Member States, Uruguay, and the group of countries of Latin America and the Caribbean.
	www.uspto.gov /web/offices/dcom/olia/diplconf/4dc_a09.htm (939 words)

	US CODE: Title 36,40306. Exclusive right to name, insignia, copyrights, emblems, badges, marks, and words (Site not responding. Last check: 2007-11-07)
		The words “right to use the name ‘Civil Air Patrol’ and all” are substituted for “right to the name ‘Civil Air Patrol’ and to have and to use, in carrying out its purposes, all” for consistency in the revised title and to eliminate unnecessary words.
		The words “the corporation adopts” are substituted for “now or heretofore used by the Civil Air Patrol” in section 6 of the Act of July 1, 1946 (ch.
		The words “This section does not affect any vested rights” are substituted for “Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights” for consistency in the revised title and to eliminate unnecessary words.
	www.law.cornell.edu /uscode/html/uscode36/usc_sec_36_00040306----000-notes.html (180 words)

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