Glossary

Elizabeth Shieldkret
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Glossary

Temporary Restraining Order (TRO): Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer of Copyright Ownership: (As defined by the Copyright Statute) 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. 17 U.S.C. § 101.

Transmission Program: (As defined by the Copyright Statute) A "transmission program" is a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit. 17 U.S.C. § 101.

Transmit: (As defined by the Copyright Statute) To "transmit" a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent. 17 U.S.C. § 101.

Treaty Party: (As defined by the Copyright Statute) A "treaty party" is a country or intergovernmental organization other than the United States that is a party to an international agreement. 17 U.S.C. § 101.

United States Work: (As defined by the Copyright Statute) For purposes of section 411, a work is a "United States work" only if -
: (1) in the case of a published work, the work is first published -

                    (A) in the United States; 
                    (B) simultaneously in the United States and another treaty 
                    party or parties, whose law grants a term of copyright 
                    protection that is the same as or longer than the term 
                    provided in the United States; 
                    (C) simultaneously in the United States and a foreign 
                    nation that is not a treaty party; or 
                    (D) in a foreign nation that is not a treaty party, and all 
                    of the authors of the work are nationals, domiciliaries, or 
                    habitual residents of, or in the case of an audiovisual work 
                    legal entities with headquarters in, the United States; 
 
          (2) in the case of an unpublished work, all the authors of 
          the work are nationals, domiciliaries, or habitual residents of 
          the United States, or, in the case of an unpublished 
          audiovisual work, all the authors are legal entities with 
          headquarters in the United States; or 
 
          (3) in the case of a pictorial, graphic, or sculptural work 
          incorporated in a building or structure, the building or structure is located in the United States.

17 U.S.C. § 101.
Work of the United States Government: (As defined by the Copyright Statute) A "work of the United States Government" is a work prepared by an officer or employee of the United States Government as part of that person's official duties. 17 U.S.C. § 101.
Uphold: The decision of an appellate court not to reverse a lower court decision.

Useful Article: (As defined by the Copyright Statute) A "useful article" is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article". 17 U.S.C. § 101.

Venue: The geographical location in which a case is tried.

Verdict: The decision of a petit jury or a judge.

Visual Art: (As defined by the Copyright Statute) A "work of visual art" is -

          (1) a painting, drawing, print, or sculpture, existing in a 
          single copy, in a limited edition of 200 copies or fewer that 
          are signed and consecutively numbered by the author, or, in the 
          case of a sculpture, in multiple cast, carved, or fabricated 
          sculptures of 200 or fewer that are consecutively numbered by 
          the author and bear the signature or other identifying mark of 
          the author; or 
 
          (2) a still photographic image produced for exhibition 
          purposes only, existing in a single copy that is signed by the 
          author, or in a limited edition of 200 copies or fewer that are 
          signed and consecutively numbered by the author. 
 
          A work of visual art does not include - 
 
          (A) 
                    (i) any poster, map, globe, chart, technical drawing, 
                    diagram, model, applied art, motion picture or other 
                    audiovisual work, book, magazine, newspaper, periodical, data 
                    base, electronic information service, electronic publication, 
                    or similar publication; 
                    (ii) any merchandising item or advertising, promotional, 
                    descriptive, covering, or packaging material or container; 
                    (iii) any portion or part of any item described in clause (i) 
                    or (ii); 
 
          (B) any work made for hire; or 
 
          (C) any work not subject to copyright protection under this 
          title.


Voir Dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."

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