You’re a bank and receive instructions by e-mail to wire transfer funds from someone purporting to be your customer. But, the customer’s account was hacked and the e-mail was sent by a fraudster. You, the bank, have no reason to suspect any fraud and act in accordance with your account terms which require you to accept electronic instructions and pursuant to which the customer agreed to secure his account against hackers. Who bears the loss, the bank or the customer? An Ontario court recently examined this question in Du v Jameson Bank , 2017 ONSC 2422 and ruled in favor of the bank on common law and contract grounds.
In the mid 1950's Congress started working on a major revision of the copyright act, but by 1960 it was clear that this would not be a short process. By 1962, the copyright had expired on everything published before 1906. It was clear that the new act would grant existing works a total term of 75 years. To prevent these works from losing out on the 75 year extension while Congress worked out all the other details of the new act, Congress started passing extension acts in 1962. Such extensions prevented copyright expirations before the passage of the 1976 Copyright Act, with the result that all copyrights in existence in 1962 were extended to at least 1976 when the 75-year term kicked in.
The Fair Use Index is designed to be user-friendly. For each decision, we have provided a brief summary of the facts, the relevant question(s) presented, and the court’s determination as to whether the contested use was fair. You may browse all of the cases, search for cases involving specific subject matter or categories of work, or review cases from specific courts. The Index ordinarily will reflect only the highest court decision issued in a case. It does not include the court opinions themselves. We have provided the full legal citation, however, allowing those who wish to read the actual decisions to access them through free online resources (such as Google Scholar and Justia), commercial databases (such as Westlaw and LEXIS), or the federal courts’ PACER electronic filing system, available at .