Archaic. The rule that transfer of an unpublished work transfers the common-law copyright to the work along with the work itself. • The name derives from Pushman v. New York Graphic Soc’y, Inc., 39 N.E.2d 249 (N.Y. 1942). The doctrine was rejected by § 202 of the Copyright Act of 1976, but it remains in […]
A property right that arose when the work was created, rather than when it was published. • Under the Copyright Act of 1976, which was effective on January 1, 1978, common-law copyright was largely abolished for works created after the statute’s effective date. But the statute retained the common law’s recognition that the property right
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lost or not lost. Marine insurance. A policy provision fixing the effective date of the policy to a time preceding the policy date, even if the insured ship has already been lost when the policy is executed, as long as neither party then knows, or has means of knowing, that the ship has been lost.
swearing behind. Patents. A patent applicant’s showing that an invention was conceived of or reduced to practice before the effective date of a prior-art reference cited by a patent examiner as grounds for rejecting an application. — Also termed swearing behind the reference. See ANTEDATING OF A PRIOR-ART REFERENCE . [Cases: Patents 91(.5). C.J.S. Patents
BULLETIN DES LOIS bulletin des lois (buul-[schwa]-tan day lwah).French law. The publication that provides official notice of the text and effective date of a law or decree.
Insurance. A physical or mental condition evident during the period before the effective date of a medical-insurance policy. • Typically, coverage for later treatment for such a condition is excluded if symptoms of the condition were present during the period before the policy was effective. [Cases: Insurance 2475.]
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statutory invention registration. Patents. An official procedure for placing an invention in the public domain by publishing the patent abstract (which is included with the invention’s original application) in the U.S. Patent and Trademark Office’s Official Gazette, thus making the abstract a prior-art reference as of the application’s filing date. • The process results in
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grandfather clause. 1. Hist. A clause in the constitutions of some Southern states exempting from suffrage re-strictions the descendants of men who voted before the Civil War. 2. A provision that creates an exemption from the law’s effect for something that existed before the law’s effective date; specif., a statutory or regulatory clause that exempts
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Pushman doctrine. Archaic. The rule that transfer of an unpublished work transfers the common-law copyright to the work along with the work itself. • The name derives from Pushman v. New York Graphic Soc’y, Inc., 39 N.E.2d 249 (N.Y. 1942). The doctrine was rejected by § 202 of the Copyright Act of 1976, but it
registration, n. 1. The act of recording or enrolling (the county clerk handles registration of voters). [Cases: Elections 95–119. C.J.S. Elections §§ 7(3), 36–38, 40(1), 41, 46–47, 51–52.] criminal registration. The requirement in some communities that any felon who spends any time in the community must register his or her name with the police. •