Moscow Court Upholds Refusal to Register Same-Sex Marriage

 

August 15, 2013 – Москва Россия (RIA-NOVOSTI) –  August 15 (RIA Novosti/RAPSI) – A Moscow district court on Thursday ruled that a Russian registry office’s refusal to marry a gay couple was lawful.

On June 28, two women – Yana Petrova and Yelena Davydova – applied to get married at a St. Petersburg registry office but were denied on the grounds that, according to Russia’s Family Code, marriage is a conjugal union between a man and a woman.

On August 2, a Russian court said the same registry office’s refusal to accept another gay couple’s marriage application was unlawful, but the court declined to order the office to marry the couple. Gay rights activists Dmitry Chunosov and Yaroslav Yevtushenko had asked the court in central Russia’s Lipetsk Region to overturn the registry office’s refusal as illegal. The Lipetsk court ruled that the registry office should have accepted the application, regardless of whether there were any impediments to conducting the marriage itself.

Five same-sex couples tried to submit marriage applications to the St. Petersburg registry office on June 28. They say the Family Code’s list of criteria for not marrying people makes no mention of same-sex couples.

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s