Pierre N. Leval | |
---|---|
Senior Judge of the United States Court of Appeals for the Second Circuit | |
Assumed office August 16, 2002 | |
Judge of the United States Court of Appeals for the Second Circuit | |
In office October 20,1993 –August 16,2002 | |
Appointed by | Bill Clinton |
Preceded by | George C. Pratt |
Succeeded by | Richard C. Wesley |
Judge of the United States District Court for the Southern District of New York | |
In office October 31,1977 –November 8,1993 | |
Appointed by | Jimmy Carter |
Preceded by | Dudley Baldwin Bonsal |
Succeeded by | Sidney H. Stein |
Personal details | |
Born | Pierre Nelson Leval September 4,1936 New York City,U.S. |
Spouse | Susana Torruella Leval |
Education | Harvard University (BA,JD) |
Pierre Nelson Leval (born September 4,1936) [1] is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. At the time of his appointment by President Bill Clinton in 1993,he was a United States district judge of the United States District Court for the Southern District of New York.
Born in New York City,Leval attended The Allen-Stevenson School,and received his Bachelor of Arts degree from Harvard College in 1959 and his Juris Doctor, magna cum laude ,in 1963 from Harvard Law School,where he served as a notes editor of the Harvard Law Review . [2]
Leval served in the United States Army in 1959. He was a law clerk for Judge Henry Friendly of the United States Court of Appeals for the Second Circuit from 1963 until 1964. Leval was an Assistant United States Attorney in the Southern District of New York from 1964 until 1968,serving there as chief appellate attorney from 1967 to 1968. From 1969 until 1975,Leval was in private law practice as an associate and then a partner in the New York firm of Cleary,Gottlieb,Steen &Hamilton. He joined the New York County District Attorney’s Office in 1975,where he served first as first assistant district attorney,and subsequently as chief assistant district attorney.
In 1990,while a District Court Judge,he published "Toward a Fair Use Standard",103 Harv. L. Rev. 1105 in the Harvard Law Review. It is a law review article on the fair use doctrine in US copyright law. The article argued that the most critical element of the fair use analysis is the transformativeness of a work,the first of the statutory factors listed in the Copyright Act of 1976,17 U.S.C. §107.
Leval's article is cited in Campbell v. Acuff-Rose Music,Inc. ,a 1994 Supreme Court's 1994 decision which marked a shift in judicial treatment of fair use toward a transformativeness analysis and away from emphasizing the "commerciality" analysis of the fourth factor. Prior to Leval's article,the fourth factor had often been described as the most important of the factors.
Leval was nominated by President Jimmy Carter on October 17,1977,to a seat on the United States District Court for the Southern District of New York vacated by Judge Dudley Baldwin Bonsal. He was confirmed by the United States Senate on October 29,1977,and received commission on October 31,1977. [3] During his tenure on the Southern District,he presided over the 1985-87 Pizza Connection Trial,a major prosecution against both the American and Sicilian Mafias and the longest criminal trial in the judicial history of the United States. [4] His service terminated on November 8,1993,due to elevation to the Second Circuit. [3]
Leval was nominated by President Bill Clinton on August 6,1993,to a seat on the United States Court of Appeals for the Second Circuit vacated by Judge George C. Pratt. He was confirmed by the Senate on October 18,1993,and received commission on October 20,1993. He assumed senior status on August 16,2002. [3]
Leval was a board member of the Federal Judicial Center from 2002 to 2006.
Leval was a member of the adjunct faculty of the New York University School of Law. He was awarded the Hillmon Memorial Fellowship by the University of Wisconsin–Madison in 1988;the Donald R. Brace Memorial Lectureship by the Copyright Society of the U.S.A. in 1989;the Fowler Harper Memorial Fellowship by Yale Law School in 1992;the Melville Nimmer Lectureship by UCLA Law School in 1997;the Learned Hand Medal of the Federal Bar Council in 1997;and the University of Connecticut School of Law's Intellectual Property Keynote Lectureship for 2001. He assumed senior status in 2002.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S.,fair use right/exception is based on a flexible proportionality test that examines the purpose of the use,the amount used,and the impact on the market of the original work.
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Campbell v. Acuff-Rose Music,Inc.,510 U.S. 569 (1994),was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. This case established that the fact that money is made by a work does not make it impossible for fair use to apply;it is merely one of the components of a fair use analysis.
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"Toward a Fair Use Standard",103 Harv. L. Rev. 1105 (1990),is a law review article on the fair use doctrine in US copyright law,written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the fair use analysis is the transformativeness of a work,the first of the statutory factors listed in the Copyright Act of 1976,17 U.S.C. § 107.
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American Geophysical Union v. Texaco,Inc.,60 F.3d 913,was a 1995 U.S. copyright case holding that a private,for-profit corporate library could not rely on fair use in systematically making copies of articles in academic journals for its employees. A divided panel of the U.S. Court of Appeals for the Second Circuit affirmed a ruling by Judge Pierre Leval of the U.S. District Court for the Southern District of New York in favor of the academic publishers who had filed the lawsuit. The case was the first heard by the Second Circuit to seriously consider the question of transformative use,a concept Leval had introduced,in evaluating a fair use claim.
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Blanch v. Koons,467 F.3d 244,is a copyright case decided by the United States Court of Appeals for the Second Circuit in 2006. Fashion photographer Andrea Blanch sued appropriation artist Jeff Koons for copyright infringement after he used an image of a woman's lower legs taken from one of her photographs in a collage of his own. Koons claimed fair use,arguing he had transformed it sufficiently from its original purpose through his reuse. It is considered a significant case in addressing the latter issue.
However, the decision, written by the creator of the modern transformative fair use doctrine, Judge Pierre Laval, contains several important lessons for CDL.
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