The Legal Principles Of New York Legislature - 1031 Words

Outline: I. Intro a. Background It is no secret that dead celebrities sell. In many cases certain celebrities could rack in more bucks after their death than they did before it. But who gets this money? New York legislature knows this is an issue, and they are proposing a bill, S.5650/A.709, that calls for statutory right of publicity for the deceased. This bill, if passed, would extend the right of publicity for 70 years after death for anyone- not just celebrities. This would mean the name, voice, signature, image or likeness illustrating any person who was a resident of New York before they died would require a valid federal copyright and the permission from their heirs for use for â€Å"commercial purpose.† It protects artistic and creative works and allows books, plays, magazines, newspapers, music, film, radio, television and other media to use a living or deceased individual’s name or likeness in a range of fictional and non-fictional works. b. Legal Principles Involved II. Arguments a. Argument for The expressive use exception has a â€Å"caveat† and it is not available if it meets three conditions: â€Å"the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment to the United States Constitution or New York Constitution.† The â€Å"caveat† to the expressive use exception will have a substantial chilling effect on First Amendment protected speech by increasing the likelihood that publishers,Show MoreRelatedIs Law A System Of Rules?1500 Words   |  6 Pages† In this essay he proposes an argument against the Legal Positivism, more specifically the version of Legal Positivism that H.L.A Hart was a proponent of. In his essay Dworkin puts forth the ideas of rules and more importantly legal binding principles behind rules. Dworkin says that these principles can be legally binding and the legal positivist position has issues with validating them as a legally binding construct due to issues with the legal positivists approach to validating such a rule whichRead MoreThe Rationalization of the South African Society638 Words   |  3 Pagesrevolves around the rational application of scientific method to certain aspects of life. This could be done through the development of governmental regulations, bureaucratic observation, and the erosion of traditional values (Beck, Lash Giddens, 1997). New thought processes and the increase in the application medicine and technology have played important roles in the concept of rationalism (Bilton et al, 2002). 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What had began in the confines of a psychiatric compound spiraled into national news as the drama reached the highest of courts. The Supreme Court ruling in Buck v Bell was a violation of Buck s due process as well as her equal protection under US law as granted byRead MoreArbitration Law in Iraq617 Words   |  3 Pages(251-276) No. 83 of 1969, amended, and the Foreign Investment Law No. 13 of 2006, and the Terms of Reference approved by the Law of Specialized Commercial and Industrial Chambers And other legal texts in Iraqi law about arbitration Indicate the importance of arbitration. In law No. 34 of 1928, the Iraqi legal system was defined in international commercial arbitration , containing the ratification of the protocol on the terms of the arbitration, signed in Geneva on September 24, 1923, known asRead MoreMajor Supreme Court Cases Under Judge John Marshall1482 Words   |  6 PagesGeorgia. John Marshall was the fourth chief justice of the United States, he was known as Great Chief Justice. He established the modern status of the Supreme Court. He served in the Revolutionary War, studied law, and was elected to the Virginia legislature in 1782. A staunch Federalist, Marshall supported acceptance of the Constitution. He declined ministerial posts but became one of the United States negotiators who resolved the XYZ Affair. Elected to Congress in 1799, he was made secretary of stateRead MoreThe Judicial Branch of the American Government as a Protector of Private Property1959 Words   |  8 Pagescompromised where it elects to defer to the legislative branch in making decisions like in cases where public use and eminent domain takings are argued. This inclination to defer to the legislatures hinders the Judicial Branch from reaching its full potential as protector of private property due to the fact that legislatures are not very insulated against rent seeking. To underst and the judiciary’s role as a private property protector, we must first understand what private property rights are, the motivation