Simpson v. Cavalry SPV I, LLC

Simpson v. Cavalry SPV I, LLC, 2014 Ark. 363
the Arkansas Supreme Court
2782960Simpson v. Cavalry SPV I, LLC, 2014 Ark. 3632014the Arkansas Supreme Court

Supreme Court of Arkansas

2014 Ark. 363

PATTY SIMPSON  v.  CAVALRY SPV I, LLC, ASSIGNEE OF HSBC BANK NEVADA, N.A./ORCHARD BANK

Certified Questions from U.S. District Court, Eastern District of Arkansas

No. CV-14-45.---Delivered: September 11, 2014 

Court Documents
Opinion of the Court

Certified Questions From United States District Court for the Eastern District of Arkansas, Northern Division [No. 1:13-cv-00093-JLH], Honorable J. Leon Holmes, Judge; certified questions answered.

Arnold, Batson, Turner & Turner, P.A., by: Todd Martin Turner and Daniel Odell Turner; J.R. Andrews; and The Cruz Law Firm, PLC, by: Kathy Cruz, for petitioner.

Waddell, Cole & Jones, PLLC, by: Kevin W. Cole and Justin E. Parkey; and Burr & Forman LLP, by: R. Frank Springfield, Zachary D. Miller, and Megan P. Stephens, for respondent.

Watts, Donovan & Tilley, P.A., by: David M. Donovan, for amici curiae Arkansas Creditors Bar Association.

[Opinion of the court by Justice CLIFF HOOFMAN.]

This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."

These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).

A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

Public domainPublic domainfalsefalse