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= Gyles v Wilcox =
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Gyles v Wilcox ( 1740 ) 26 ER 489 was a decision of the Court of Chancery of England that established the doctrine of fair abridgement , which would later evolve into the concept of fair use . The case was heard and the opinion written by Philip Yorke , 1st Earl of Hardwicke , and concerned Fletcher Gyles , a bookseller who had published a copy of Matthew Hale 's Pleas of the Crown . Soon after the initial publication , the publishers Wilcox and Nutt hired a writer named Barrow to abridge the book , and repackaged it as Modern Crown Law . Gyles sued for a stay on the book 's publishing , claiming his rights under the Statute of Anne had been infringed .
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The main issues in the case were whether or not abridgements of a work inherently constituted copyright infringement , or whether they could qualify as a separate , new work . Lord Hartwicke ruled that abridgements fell under two categories : " true abridgements " and " coloured <unk> " . True abridgements presented a true effort on the part of the editor , and by this effort , constituted a new work which did not infringe upon the copyright of the original . Leaving it to literary and legal experts to decide , Hartwicke ruled that Modern Crown Law was not a true abridgement , but merely a duplication intending to circumvent the law .
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The case set a legal precedent which has shaped copyright law to the present day . It established the common law doctrine of fair abridgement , which was cited in other cases , ultimately building up to the idea of fair use . The opinion also recognised the author 's right to a work through the nature of the labour it took to produce it , shifting copyright away from publishing rights and towards the idea of serving the greater good by encouraging the production of new , useful works .
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= = Facts = =
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Fletcher Gyles , an English bookseller , had previously published a book entitled Matthew Hale 's Pleas of the Crown , for which he had purchased the exclusive publishing rights . Around the same time , publishers Wilcox and Nutt paid a writer named Barrow to abridge the book , circulating it under the title Modern Crown Law . Gyles alleged that Modern Crown Law was a near verbatim copy of his publication , with only minor alterations , including the translation of Latin and French passages into English and cutting old , obsolete laws . Seeking to protect his printing rights , Gyles sued both Wilcox and Nutt , along with Barrow , for a stay on the publication .
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= = Arguments = =
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The case involved whether Wilcox , Barrow , and Nutt had violated Gyles ' publishing rights as defined under the Statute of Anne , particularly the section stating that an author , or purchaser of an author 's copyrights as Gyles was , " shall have the sole Liberty of Printing and Reprinting such Book and Books for the Term of four @-@ teen years . " Philip Yorke , 1st Earl of Hardwicke presided over and decided the case .
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Browning , Gyles ' attorney , cited a case which had also appeared before Hardwicke , that of Read v Hodges . In that case , a publisher attempted to circumvent the rights of the author of Czar Peter the Great by including all three volumes in one and cutting several pages . Hardwicke rejected the argument , however , declaring that the former case had been decided merely on a motion , and that he had given his decision and statements without the thought he would have given a normal hearing . Hardwicke further took contention with the Attorney General for England and Wales ' assertion that the Statute of Anne provided a publishing monopoly , instead interpreting the act as one meant to promote public education and the public good .
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As Hardwicke had decided to interpret the Statute of Anne as for the public good , the main question of the case became which " any such book or books " the act referred to and protected . The defendants argued that his abridgement must be considered separate from the original work published by Gyles . The defendant 's lawyers furthered pushed the court to try the case as if the abridgement had been recorded in the Stationers ' Register , an action that would have given Wilcox and Nutt the right to publish their book , and the lawsuit brought against a second , unique book . Therefore , the only question before the court was whether the second book differentiated sufficiently from the first . Further , the attorneys for the defendants argued that the book was not a direct transcription , but that several chapters had been omitted , while other , original sections had been added to the Wilcox and Nutt publication . They further pointed to the fact that the Gyles ' publication consisted of 275 sheets , whereas the abridgement contained only 35 sheets .
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= = Judgment = =
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The opinion , written by Hardwicke , found that a true abridgement of a published book may be considered an entirely separate , new work , as the abridgement showed the labour , originality , education , and judgement of the editor . This new book did not run the risk of infringing the rights of the author or bookseller who owned the publishing rights . However , Lord Hardwicke drew a distinction between works " fairly made " and those " <unk> shortened " . Hardwicke refused to compare the books himself to determine whether Modern Crown Law was indeed a fair abridgement , or to force a judge and jury to sit and hear both books read , instead opting to have two legal experts and a literary master read the books and report the findings to the court . The parties were allowed to choose these examiners , in a way leaving the case to arbitration . After a week in which the parties were given a chance to make amends outside of court , the book in question was ruled a <unk> shortening , created only to circumvent the law , and thus was an infringement of Gyles ' printing rights .
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In his decision , Hartwicke went counter to the prevailing view that the Statute of Anne should be interpreted very strictly , proclaiming , " I am quite of a different opinion , and that it ought to receive a liberal construction , for it is far from being a monopoly , as it is intended to secure the property of books in the authors themselves , or the purchasers of the copy , as some recompense for their pains and labour in such works as may be of use to the learned world . "
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= = Consequences = =
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The case established the doctrine of fair abridgement , which allowed that abridgements displaying a fair amount of labour on the part of the editor , and that differed from the original published work in a significant way , could not be copyright violations . This in effect raised the <unk> to the level of an author . The decision did not define the exact parameters that would qualify a work as a valid abridgement . This distinction came with a later case involving an abridgement of Hawksworth 's Voyages , in a decision written by Lord Chancellor Apsley . This concept of fair abridgement eventually evolved through common law , initiated from Gyles v Wilcox , into the current concept of fair use . Hardwicke 's decision also added the exercise of personal judgement to the list of admissible defences against the charge of copyright infringement , adding to the growing case law establishing that British copyright would be based on labour and not on originality . The opinion advanced the position that copyright law should serve the public interest by promoting the creation of new educational and useful works , rather than focusing on publishing rights . The case played a significant role in the development of English copyright law . The United States federal courts have cited the case as recently as the 1980s .
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= New York State Route 286 =
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New York State Route 286 ( NY 286 ) is an east – west state highway in the vicinity of the city of Rochester , New York , in the United States . It links Rochester to its eastern suburbs and to western Wayne County . The western terminus of the route is at exit 7 on NY 590 just inside the Rochester city limits . Its eastern terminus is at NY 350 in Walworth . NY 286 is named Browncroft Boulevard from NY 590 to its junction with Qualtrough and Clark roads in Penfield . This portion of the highway passes through predominantly residential areas . East of this intersection , the route is known as Atlantic Avenue and traverses more rural areas .
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The entirety of NY 286 east of Blossom Road was originally designated as part of NY 35 during the 1930 renumbering of state highways in New York . NY 35 exited Rochester on Blossom Road and followed it east to modern NY 286 . The remainder of Browncroft Boulevard was designated as New York State Route 35B , an alternate route of NY 35 , in the mid @-@ 1930s . The NY 35 and NY 35B designations were eliminated in the early 1940s and replaced with NY 383 and New York State Route 383B , respectively . NY 383 was truncated to downtown Rochester in 1949 , at which time its former routing from Rochester to Walworth became NY 286 . NY 383B was renumbered accordingly to New York State Route 286A .
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In the 1960s , the portion of Browncroft Boulevard from the Sea Breeze Expressway to Blossom Road was upgraded into a divided highway . NY 286 was rerouted to follow the improved Browncroft Boulevard while NY 286A was shifted south onto NY 286 's former alignment along Blossom Road . The NY 286A designation was removed in the early 1970s , but Blossom Road remains state @-@ maintained as NY <unk> , an unsigned reference route .
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= = Route description = =
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NY 286 begins at the ramp connecting NY 590 southbound to Browncroft Boulevard just inside the Rochester city limits . It heads east through residential surroundings as a four @-@ lane highway , proceeding through the remainder of NY 590 exit 7 as it enters the northernmost portion of the town of Brighton . East of NY 590 , NY 286 widens to become a divided highway . It passes into Penfield upon crossing Irondequoit Creek and curves southeast as it straddles the northern boundary of Ellison Park . During this stretch , it intersects with Old Browncroft Boulevard , the pre @-@ divided highway alignment of Browncroft Boulevard which is now discontinuous near its midpoint .
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The two highways loosely parallel each other southeastward for 0 @.@ 75 miles ( 1 @.@ 21 km ) to White Village Drive , a residential side street branching off Browncroft Boulevard . Here , Old Browncroft Boulevard ends and NY 286 narrows slightly to become a four @-@ lane undivided highway . NY 286 continues eastward , leaving the Ellison Park area and intersecting Blossom Road . East of this junction , NY 286 takes on a linear east – west routing as it becomes Atlantic Avenue at a junction with Qualtrough and Clark Roads . The residential nature of the roadway largely ends at Five Mile Line Road , where the homes that have lined the roadway become more sporadic and give way to open , cultivated fields . NY 286 has a slight s @-@ curve between Five Mile Line and Baird Roads before reverting to its true eastward alignment prior to intersecting NY 250 .
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Past NY 250 , the route continues to the east toward the Monroe – Wayne county line . Just before crossing into Wayne County , NY 286 curves slightly to the northeast . On the other side of the county line in Walworth , NY 286 turns back to the east at a junction with County Line Road , which is actually located 0 @.@ 3 miles ( 0 @.@ 5 km ) east of the official border . Farther east , NY 286 intersects several local major arterials , including West Walworth Road and Canandaigua Road , as it heads over several small hills and passes through a mixture of open fields and forested areas . NY 286 and Atlantic Avenue both come to an end at an intersection with NY 350 . The portion of NY 286 in Wayne County is maintained by the county as County Route 203 .
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= = History = =
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In the 1930 renumbering of state highways in New York , NY 35 was extended northeast from Canawaugus ( west of the village of Avon ) to Ontario by way of Scottsville , Rochester , and Walworth . NY 35 entered Rochester on Scottsville Road and followed Genesee and Main streets through the city . At the east end of Main Street , NY 35 turned south and followed Winton Road to Blossom Road . It curved eastward here to follow Blossom Road east to Browncroft Boulevard in Penfield . At some point between 1934 and 1938 , an alternate route of NY 35 along the portion of Browncroft Boulevard between Winton and Blossom Roads was designated NY 35B .
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The NY 35 designation remained in place until the early 1940s when it was split into two designations : NY 383 west of Walworth and NY 350 from Walworth to Ontario . As part of the change , NY 35B was renumbered to NY 383B . NY 383 itself was altered on January 1 , 1949 , to end in downtown Rochester . The former routing of NY 383 between East Avenue ( NY 96 ) in Rochester and NY 350 in Walworth became NY 286 while NY 383B was redesignated as NY 286A .
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The portion of the Sea Breeze Expressway between Empire Boulevard ( at the time U.S. Route 104 and now NY 404 ) and Interstate 490 opened to traffic c . 1961 . Both NY 286 and NY 286A were truncated to begin at their interchanges with the expressway . In Wayne County , the routing of NY 286 was altered slightly in the vicinity of the county line . It originally veered onto what is now Knollwood Drive and followed Knollwood Drive and County Line Road to where the latter met Atlantic Avenue . A new roadway was constructed during the mid @-@ 1960s that directly connected the two portions of Atlantic Avenue and bypassed County Line Road entirely and became part of a realigned NY 286 by 1968 .
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Browncroft Boulevard was upgraded into a four @-@ lane divided highway between the Sea Breeze Expressway ( NY 47 ) and Blossom Road during the mid @-@ 1960s . Some parts of the highway were upgraded on the spot ; others were bypassed and are now known today as Old Browncroft Boulevard . As a result of the upgrade , the alignments of NY 286 and NY 286A west of Blossom Road were flipped , placing NY 286 on Browncroft Boulevard and NY 286A on Blossom Road . The NY 286A designation was removed in the early 1970s and replaced with NY <unk> , an unsigned reference route 2 @.@ 20 miles ( 3 @.@ 54 km ) in length . Reference markers along Blossom Road still read " 286A " .
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= = Major intersections = =
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= Misery ( Gwen Stefani song ) =
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" Misery " is a song recorded by American singer and songwriter Gwen Stefani , taken from her third studio album , This Is What the Truth Feels Like . While originally intended to be released as the album 's second single , Interscope Records released it as a promotional single on March 11 , 2016 , before Stefani revealed on Instagram that it is the album 's third single . It was serviced to hot adult contemporary radio on May 23 , 2016 . The electropop track was written by Stefani , Justin Tranter , Julia Michaels , Mattias Larsson , and Robin Fredriksson , while production was handled by Mattman & Robin .
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Lyrically , " Misery " discusses getting over a past lover , while accepting a new one . Many critics felt that the song was inspired by her relationships with Gavin Rossdale and Blake Shelton , and Stefani confirmed in an interview that " Misery " was written about the latter . Upon release , " Misery " received highly positive reviews from music critics , who praised the song for being " addictive " and " catchy " . However , some critics were confused over who the song was written about . A lyric video for the song was uploaded to Stefani 's Vevo account on March 10 , 2016 and featured hand @-@ drawn illustrations created by Stefani ; the song 's official video debuted on May 31 and displayed Stefani in various dresses and outfits .
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= = Background and release = =
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After the lackluster response to Stefani 's previous singles , " Baby Don 't Lie " and " Spark the Fire " , she scrapped the release of her studio album to begin work on " more authentic " material . When Stefani divorced her then @-@ husband Gavin Rossdale , she began writing intimate songs for a brand @-@ new project . Following the completion and release of " Used to Love You " , Stefani continued writing personal tracks to express her feelings . Several months after writing various songs , Stefani began shifting focus and writing tracks about Blake Shelton instead of Rossdale ; Stefani confirmed that " Misery " was written about " her newfound happiness with Shelton " in an interview with Dana Ross Falcone of Entertainment Weekly .
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" Misery " became one of the later songs written for the project , and was later announced to be the second single released from This Is What the Truth Feels Like . Stefani later confirmed via Twitter that " Misery " would be released instead as a promotional single on March 8 , 2016 . After providing a sneak preview of the track on Instagram on March 10 , 2016 , Stefani released the track to the iTunes Store an hour later . The song was serviced to hot adult contemporary radio on May 23 , 2016 as the album 's third single .
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= = Composition = =
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An electropop song , " Misery " was written by Stefani , Justin Tranter , Julia Michaels , Mattias Larsson , and Robin Fredriksson ; production of the track was handled by Swedish songwriting duo Mattman & Robin . As described by Dee Lockett of Vulture , " Misery " contains " some synths , a funky bassline , and well @-@ placed hand claps to disguise the pain . " Leoni Cooper of NME stated that " Misery " has " future @-@ disco beats " , and " captures the highs and lows of being " gobsmacked in love , " using the metaphor that " a love is as irresistible as drugs . " Nicki <unk> , writing for the New York Daily News , questioned the song 's subject matter , stating " it 's not clear who she 's crooning about — ex Gavin Rossdale or new love Blake Shelton " ; Alexis Rhiannon of Bustle claimed that the song " give [ s ] an inside look to a painful past relationship . "
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= = Critical reception = =
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Upon release , " Misery " received mostly favorable reviews from contemporary music critics . Daniel Kreps of Rolling Stone called the song " addictive " and " catchy " while having " feel @-@ good lyrics . " Mashable 's Emily Blake praised the song and stated " try not to get hooked . " A reviewer from <unk> enjoyed the " surprisingly upbeat " sound of the track compared to Stefani 's single , " Used to Love You " . Writing for Entertainment Weekly , Leah Greenblatt dubbed " Misery " as a " come @-@ on disguised as [ a ] caution " ; Greenblatt further praised the song for being a " stomper " . Sal Cinquemani of Slant called the track a " standout " .
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Lucas Villa of AXS praised Stefani for " continu [ ing ] her streak of solid pop tunes by turning her confessional lyrics into completely delectable hooks , " further stating that " if this is misery , sign us up for more of it please " ; similarly , Emilee Lindner of <unk> praised the track for " Gwen 's bouncy voice " . Lauren Duca , writing for The Frisky , labeled " Misery " as " catchy " and joked that " whether the song 's subject is Gavin Rossdale or Blake Shelton , I 'd burn calories listening to this song if it was about a Pomeranian Gwen met at a shelter and regrets not adopting . " On the same subject of Shelton and Rossdale , Amanda Bell of MTV News enjoyed the song , but was confused over the song 's lyrics and compared it to Stefani 's song " Make Me Like You " , stating " and unlike [ " Misery " ] , " Make Me Like You " was pretty straightforward with the ' in like ' adoration message " but later said she 's " miserably stumped " when it comes to " Misery " .
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= = Music videos = =
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Two videos were produced for " Misery " . A lyric video for the track was released on March 10 , 2016 on Stefani 's official YouTube account . The video displays handwritten lyrics by Stefani on graph paper , note cards , and post @-@ it notes ; it also features several photos of Stefani during a photo shoot for This Is What the Truth Feels Like .
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The official music video debuted on May 31 , 2016 , also on her YouTube account . The video directed by longtime collaborator Sophie Muller and was filmed at a warehouse and parking garage with varying locations at a loft space , a staircase , and a hydraulic elevator .
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= = = Synopsis = = =
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The video opens with Stefani standing behind a counter in an abandoned warehouse . Her attire consists of an outfit similar to that of Lady Liberty . Various scenes of Stefani in a garden @-@ inspired sheer dress and a " flower crown " appear , as darkened shots of her face also are shown , amongst a trio of background dancers . For the song 's pre @-@ chorus , Stefani is shown in a gothic , black dress , sitting on a white couch , where she pretends to faint . During the entire chorus , Stefani wears a red , flowing dress and activates a smoke machine .
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The second verse shows her in the garden dress , where she continually rides an elevator through the warehouse ; in a separate scene , the background dancers also ride the elevator . In front of a flower wallpaper , Stefani wears a fluffy , pink dress where she gracefully falls to floor . The next chorus displays Stefani in a black bob wig , " walk [ ing ] effortlessly down some stairs in patent leather , thigh @-@ high stilettos " . The song 's bridge has Stefani wearing a black and white leotard with thigh @-@ high silver boots , while sitting on a stool . A black horse appears , alongside Stefani in a black and white @-@ striped dress , before she slowly runs away from the horse . The song 's final chorus has Stefani riding a bicycle through a brightly @-@ lit parking garage , before she returns to the smoke machine and , once again , falls to the ground as the screen fades to black .
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= = = Reception = = =
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The official music video received highly favorable reviews from music critics . <unk> Rankin of E ! Online stated " Contrary to the song 's title , this tune and the corresponding video is not actually miserable at all ; it 's quite upbeat . " Madison Vain for Entertainment Weekly applauded the visual , calling it " gorgeous " and a " high @-@ fashion affair " . Matthew Scott Donnelly , writing for Pop Crush , applauded it for " turn [ ing ] a parking garage into [ an ] artist 's oasis " ; he also appreciated the video 's " cool , sexy edge " . Nate Scott from the USA Today acclaimed the video : " Good lord , this video . Who is the art director ? Come take my life over and make everything this beautiful . "
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= = Live performances = =
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Stefani performed " Misery " for the first time on March 17 , 2016 . The performance was during a special private concert for MasterCard users in Tokyo , Japan . During the performance , Stefani wore " cropped red track pants and a red sequined cage top over a black bra " as the lyric video was displayed as the backdrop ; " Misery " was followed by a performance of " Make Me Like You " . On her Saturday Night Live performance of " Misery " , Stefani wore torn jeans and a high @-@ waisted top , accompanied by several backup singers , including No Doubt bandmates Gabrial McNair and Stephen Bradley . Stefani performed " Misery " on April 19 , 2016 on The Voice . Stefani and her back @-@ up dancers wore " colorful , tribal style ensembles " and performed using " a trippy , psychedelic lighting scheme " .
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= = Track listing = =
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= = Credits and personnel = =
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Management
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Recorded at Wolf Cousins Studios , Stockholm , Sweden ; Maratone Studios , Stockholm , Sweden ; and Interscope Studios , Santa Monica , California
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Personnel
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Credits adapted from the liner notes of This Is What the Truth Feels Like
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= = Charts = =
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= = Release history = =
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