burden, n. 1. A duty or responsibility (the seller’s burden to insure the shipped goods). 2. Something that hinders or oppresses (a burden on interstate commerce). 3. A restriction on the use or value of land; an encumbrance (the easement created a burden on the estate). 4. Scots law. An encumbrance, restriction, or obligation imposed […]
accord and satisfaction. An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance. • The new agreement is called the accord, and the discharge is called the satisfaction. Cf. COMPROMISE; NOVATION; SETTLEMENT(2), (3). [Cases: Accord and Satisfaction 1.
accord and satisfaction Read More »
bootleg, vb. Copyright. To make, distribute, or traffic in unauthorized sound recordings or music videos of live, broadcast, or recorded performances that have not been commercially released by the copyright owner. • The term strictly applies only to unauthorized copies of commercially unreleased performances. Dowling v. United States, 473 U.S. 207, 209 n.2, 105 S.Ct.
A breach of contract for which the remedial rights provided by law are substituted for all the existing contractual rights, or can be so substituted by the injured party; esp., a material breach that gives rise to a claim for damages based on the aggrieved party’s remaining rights to performance under the contract. [Cases: Contracts
tableaux vivants. Copyright. A performance by actors dressed as characters in a painting and acting out the event portrayed in the painting.
security interest. A property interest created by agreement or by operation of law to secure performance of an obligation (esp. repayment of a debt). • Although the UCC limits the creation of a security interest to personal property, the Bankruptcy Code defines the term to mean “a lien created by an agreement.” 11 USCA §
American Society of Composers, Authors, and Publishers. Copyright. One of the U.S. performing-rights so-cieties that license and police the public performance of nondramatic musical works on behalf of the copyright owners. — Abbr. ASCAP.
american society of composers authors and publishers Read More »
Repudiation of a contractual duty before the time for performance, giving the injured party an immediate right to damages for total breach, as well as discharging the injured party’s remaining duties of performance. • This type of repudiation occurs when the promisor unequivocally disavows any intention to perform when the time for performance comes. Once
anticipatory repudiation Read More »
An ordinary defense in a contract action — such as failure of consideration or nonperformance of a condition — that the maker or drawer of a negotiable instrument is precluded from raising against a person who has the rights of a holder in due course. • A personal defense can be asserted only against a
derivative, adj. Copyright. Of, relating to, or constituting a work that is taken from, translated from, adapted from, or in some way further developed from a previous work. • Copyright protection includes the exclusive right in derivative works, such as a screenplay adapted from a book, or a variant musical arrangement. See derivative work under