Glossary

Elizabeth Shieldkret
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Trade Secret & Consumer Law Website

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Glossary

Federal Question: Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.

File: To place a paper in the official custody of the clerk of court to enter into the files or records of a case.

Financial Gain: (As defined by the Copyright Statute) The term "financial gain" includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works. 17 U.S.C. § 101.

Fixed: (As defined by the Copyright Statute) A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is "fixed" for purposes of this title if a fixation of the work is being made simultaneously with its transmission. 17 U.S.C. § 101.

Geneva Phonograms Convention: (As defined by the Copyright Statute) The "Geneva Phonograms Convention" is the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, concluded at Geneva, Switzerland, on October 29, 1971. 17 U.S.C. § 101.

Gross Square Feet of Space: (As defined by the Copyright Statute) The "gross square feet of space" of an establishment means the entire interior space of that establishment, and any adjoining outdoor space used to serve patrons, whether on a seasonal basis or otherwise. 17 U.S.C. § 101.

Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.

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