On December 20, 2016, the New York Court of Appeals, the highest court in the state, held that no common law public performance right exists for pre-1972 sound recordings. The issue of whether a common law public performance right exists for pre-1972 sound recordings in New York was an issue of first impression. Although this holding is only binding on New York state courts and federal cases decided under New York law, it is anticipated that, coming from a premier IP jurisdiction, it will also be highly influential for courts throughout the nation that are adjudicating or may adjudicate similar cases.In 2013, members of the band, The Turtles, initiated a lawsuit against SiriusXM, the nation’s largest satellite digital radio service, claiming rights to royalties for SiriusXM’s broadcasts of their pre-1972 recordings. The radio service broadcasts pre-1972 sound recordings, including those recorded by The Turtles, but does not pay the group or other artists for broadcasting … [Read more...] about New York Court of Appeals Says No Common Law Public Performance Right For Pre-1972 Sound Recordings
Despite progress on many fronts for women in the legal profession, the still-steep path to equality was a recurring theme at the annual Margaret Brent Lawyers of Achievement Awards Luncheon at the ABA Annual Meeting. At the 24th annual presentations Sunday in Boston’s Hynes Convention Center, evidence of gains being lost added urgency to the mission.The Margaret Brent Awards honor women who overcame significant hurdles in pursuing legal careers or who brought positive change that affected many others. And yet, ABA President James Silkenat said at the luncheon’s outset, “many are still making hard choices between professional success and personal fulfillment.”For example, award recipient Nancy Gertner, who retired from the U.S. District Court of Massachusetts bench three years ago, told the luncheon crowd of hundreds, “I left a job that I loved, as a judge, so that I could speak.”And she did on Sunday, including about recent decisions by the U.S. … [Read more...] about More work needed to protect equal rights, say Margaret Brent Award honorees
WASHINGTON (AP) — In a one-two punch elating religious conservatives, President Donald Trump’s administration is allowing more employers to opt out of no-cost birth control for workers and issuing sweeping religious-freedom directions that could override many anti-discrimination protections for LGBT people and others.At a time when Trump finds himself embattled on many fronts, the two directives — issued almost simultaneously on Friday — demonstrated the president’s eagerness to retain the loyalty of social conservatives who make up a key part of his base. Leaders of that constituency were exultant.“President Trump is demonstrating his commitment to undoing the anti-faith policies of the previous administration and restoring true religious freedom,” said Tony Perkins, president of the Family Research Council.Liberal advocacy groups, including those supporting LGBT and reproductive rights, were outraged.“The Trump administration is saying … [Read more...] about Trump’s One-Two Punch Hits Birth Control, LGBT Rights
In an order deliver by Justice Surya Kant, Punjab and Haryana High Court has directed the formation of a Jail Reforms Committee, by the State Government in consultation with the High Court, in order to recommend the desired amendments in the rules/policies to ensure the grant of parole, furlough for conjugal visits and the eligibility conditions for the grant of such relief, beside other reforms.The Committee, keeping in view the observations made in the order, would submit the report within one year of its formation, after which the State shall admit to the High Court the timeframe within which those recommendations shall be given effect. The Committee would be headed by a former Judge of the High Court. The other Members shall include a Social Scientist, an Expert in Jail Reformation and Prison Management amongst others. The tasks of the Jail Reforms Committee were also highlighted by the Court. The Court observed, “Owing to the neglected and limited infrastructure, causing … [Read more...] about Right to reproduction available despite imprisonment; State should permit creation of facilities for exercising right of reproduction during imprisonment, in a phased manner: Punjab and Haryana High Court
Privacy presupposes the existence of a private realm. The struggle for privacy has been, among other things, a struggle between rival understandings of how to define the private realm. In the early judgments of the United States Supreme Court, privacy was understood as a spatial concept, summed up in the old aphorism, “a man’s house is his castle.” Gradually, that concept evolved to include relationships and institutions such as marriage and the family: for example, the US Supreme Court struck down a ban on contraceptives on the basis that it amounted to an illegal interference with the marital relationship, and the Irish Supreme Court struck down a similar ban on the basis that it interfered with the right to family life. Still later, privacy came to be understood as the individual’s right to make private (or intimate) decisions and choices, such as her choice of sexual partner, her choice to abort her foetus, and so on.The judgment of the Supreme Court … [Read more...] about Right to Privacy Judgment – II: Privacy, The Individual, And The Public/Private Divide
Following from the first article there are several barriers in the way of realizing the right to reproductive health. Some of these challenges are real and can be overcome by appropriate funding and change at a national policy level and with proper implementation of the effective policies in place. For example issues dealing with clinical care, level of health systems and training of healthcare practitioners. Other challenges are political and have made the implementation of the Cairo Programme problematic. One such challenge is that the opponents of reproductive rights have construed reproductive rights to refer only to abortion rights and right to have same sex partnerships. This has proved to be a major obstacle with the major opponents being social conservatives, religious groups as well as the Catholic Church.Other barriers refer to social issues that are often interrelated with economic conditions as well as criminal and legal restrictions. Opinions : Dr. Sushma Pankule, … [Read more...] about Barriers/Challenges and Related Issues to Reproductive Rights
(This is the first paper in this series. The second will deal with the barriers to Reproductive Rights)Women, be it in a positive or negative connotation, have always had an immense role to play in the population of the world- from the ages of monarchy where the woman bore the heir to the throne and determined the legacy of any dynasty, to the world wars where she has been referred to as a ‘child bearing machine’ or even the modern day woman who is involved in in-vitro fertilization, to ‘rent a womb’ surrogacy controversies.Reproduction seems to have always been a controversial issue. The woman has been revered as a mother and in some cultures chastised for being infertile or unable to bear a son. Often womanhood has been reduced to motherhood and over the years the choice to reproduce and control of the population have gotten inter-mingled. It was only around 1990s when there was a shift in policies which focused on population control to freedom of choice to … [Read more...] about Reproductive Rights International Framework: Informed choice before sterilization
I have been following the so called ‘Delhi University photocopying case’ both as a concerned parent and as a publishing professional. I was initially rather surprised to see among my college going son’s books and notes, thick spiral bound photocopied sheets containing full essays and extracts from major publications in the fields of psychology, sociology, and other related subjects. My son informed me that the sheets contained prescribed reading material provided by his University, a major state run institution dedicated to the social sciences. As a publisher, I must say I was appalled. Something was wrong somewhere. On the other hand, as a parent and citizen interested in the accessibility of educational resources, I could see that there may well be good reasons for the zeroxed ‘course packs’: limited library copies of books, the exorbitant expense of trying to acquire original versions of every single title required, and the large number of Indian … [Read more...] about Education vs Publishing Rights —Needless Confrontation?
As rightly expressed by Mark Rudolph MacGuigan,the Minister of Justice and Attorney General of Canada in 1982,“Whether abortion is an expression of negative or positive conscience is a serious question with enormous consequence.”, abortion is indeed a crucial matter. Abortion is the termination of pregnancy by the removal of the embryo or the foetus from the uterus, before viability, resulting in or caused by its death. An abortion most commonly refers to the induced methods of expulsion of the embryo. An estimated 44 million abortions are performed every year all over the globe and can be performed by various ways like medical, surgical and other less trustworthy traditional methods like shock therapy. The debate over the legality of abortion goes a long way back but the prevalence of such a practice can be traced back to the early Chinese and Egyptian civilizations.In many parts of the world there is prominent and divisive public controversy over the … [Read more...] about Abortion : Freedom or Violation of Rights?
Amity University, a world-class bona fide University established by a State Act, recognized by the University Grants Commission (UGC) and accredited by National Assessment and Accreditation Council (NAAC) with “A” Grade, as a leading institution engaged in imparting higher education in various fields.Amity Law School, Noida is organizing a National Seminar Cum Training Programme on “Rights of Women”.Date: 25h October 2017Venue: Amity University campus in Noida, Uttar Pradesh. Theme: “Women Empowerment in India: Challenges Stereotypes and Strengthening Nations” Sub Themes: Discrimination in Health and reproductive rights of women; Sexual and gender based violence in context of religion and culture; Challenges and barriers for women with disabilities; Empowering at risk tribal women Registration fees: Academician/Lawyers: Rs.1000/- Research Scholars /P.G Students: Rs.750/- G. Students: Rs. 500/- Registration for seminar … [Read more...] about Amity University: National Seminar Cum Training Programme On “Rights of Women”