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· 10/19/2023

Meolatate v. Ohio State Univ.

Citations

  • 2023 Ohio 3805

Syllabus

The trial court did not err in granting the Ohio State University's (\OSU\) Civ.R. 12(B)(6) motion to dismiss as OSU did not have a duty of care to protect the decedent from the criminal acts of a third-party as it was not in possession and control of the off-campus premises at issue. Judgment affirmed.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that LEXIS/NEXIS, by selling copies of copyrighted articles through its NEXIS database, had exercised the exclusive right of distribution recognized by Section 106(3)
  • concluding that LEXIS/NEXIS had exercised its exclusive right, under the Copyright Act, to distribute copies of copyrighted works by selling copies of the copyrighted work on its online database
  • noting that § 201(c) “recognizes two distinct copyrighted works:” the “separate contribution” and “the collective work”
  • recognizing Congress’s intent to reform “the author/publisher balance” by providing an “inalienable authorial right to revoke a copyright transfer” through Section 203
  • articles republished in electronic databases are not part of or revisions of periodicals and cannot be relicensed by periodical publishers without authors’ consent
  • “ ‘the transfer of a work between media’ does not ‘alte[r] the character of that work for copyright purposes’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mentel

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