LII U. Code Title Limitations on exclusive rights: Ephemeral recordings. Code Notes prev next. C unless preserved exclusively for archival purposes, the copy or phonorecord is destroyed within six months from the date the transmission program was first transmitted to the public. C Unless preserved exclusively for purposes of archival preservation, the phonorecord is destroyed within 6 months from the date the sound recording was first transmitted to the public using the phonorecord.
D Phonorecords of the sound recording have been distributed to the public under the authority of the copyright owner or the copyright owner authorizes the transmitting entity to transmit the sound recording, and the transmitting entity makes the phonorecord under this subsection from a phonorecord lawfully made and acquired under the authority of the copyright owner.
Such rates shall include a minimum fee for each type of service offered by transmitting organizations. Any copyright owners of sound recordings or any transmitting organizations entitled to a statutory license under this subsection may submit to the Copyright Royalty Judges licenses covering such activities with respect to such sound recordings.
The parties to each proceeding shall bear their own costs. The Copyright Royalty Judges shall establish rates that most clearly represent the fees that would have been negotiated in the marketplace between a willing buyer and a willing seller. B the relative roles of the copyright owner and the transmitting organization in the copyrighted work and the service made available to the public with respect to relative creative contribution, technological contribution, capital investment, cost, and risk.
In establishing such rates and terms, the Copyright Royalty Judges may consider the rates and terms under voluntary license agreements described in paragraphs 2 and 3. The Copyright Royalty Judges shall also establish requirements by which copyright owners may receive reasonable notice of the use of their sound recordings under this section, and under which records of such use shall be kept and made available by transmitting organizations entitled to obtain a statutory license under this subsection.
B Any royalty payments in arrears shall be made on or before the 20th day of the month next succeeding the month in which the royalty fees are set. B such copies or phonorecords are used solely for transmissions authorized under section 2. Abuse of is a criminal offence. The police will track down anyone who calls for reasons other than those for which it was intended. In cases of abuse the police can request data from the emergency call centre to trace the identity of the caller.
Time for counsel de oficio to prepare for arraignment. Bill of particulars. The motion shall specify the alleged defects of the complaint or information and the details desired.
Production or inspection of material evidence in possession of prosecution. Suspension of arraignment. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose;. Time to move to quash. Form and contents. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged. Amendment of the complaint or information.
If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment. Effect of sustaining the motion to quash. If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail.
If no order is made or if having been made, no new information is filed within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless he is also in custody for another charge. Order sustaining the motion to quash not a bar to another prosecution ; exception. Former conviction or acquittal ; double jeopardy. However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances:.
In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. Provisional dismissal. The provisional dismissal of offenses punishable by imprisonment not exceeding six 6 years or a fine of any amount, or both, shall become permanent one 1 year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six 6 years, their provisional dismissal shall become permanent two 2 years after issuance of the order without the case having been revived.
Failure to move to quash or to allege any ground therefor. Pre-trial ; mandatory in criminal cases. Pre-trial agreement. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court. Non-appearance at pre-trial conference. Pre-trial order. Such order shall bind the parties, limit the trial to matters not disposed of, and control the course of the action during the trial, unless modified by the court to prevent manifest injustice.
Time to prepare for trial. The trial shall commence within thirty 30 days from receipt of the pre-trial order. Continuous trial until terminated ; postponements. It may be postponed for a reasonable period of time for good cause. The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial.
In no case shall the entire trial period exceed one hundred eighty days from the first day of trial, except as otherwise authorized by the Supreme Court. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial.
For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.
Factors for granting continuance. In addition, no continuance under section 3 f of this Rule shall be granted because of congestion of the court's calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. Time limit following an order for new trial. Extended time limit. For the second twelve-month period, the limit shall be one hundred twenty days, and for the third twelve-month period, the time limit shall be eighty 80 days.
Public attorney ' s duties where accused is imprisoned. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to sent promptly to the public attorney.
The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules.
Remedy where accused is not brought to trial within the time limit. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under section 3 of this rule. The dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section.
Law on speedy trial not a bar to provision on speedy trial in the Constitution. Order of trial. Application for examination of witness for accused before trial.
The motion shall state: a the name and residence of the witness; b the substance of his testimony; and c that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than one hundred kilometers from the place of trial and has no means to attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial. The motion shall be supported by an affidavit of the accused and such other evidence as the court may require.
Examination of defense witness ; how made. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing.
A written record of the testimony shall be taken. Bail to secure appearance of material witness. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken.
Examination of witness for the prosecution. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.
Trial of several accused. Discharge of accused to be state witness. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.
Discharge of accused operates as acquittal. When mistake has been made in charging the proper offense. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. Appointment of acting prosecutor. Exclusion of the public. He may also, on motion of the accused, exclude the public from the trial, except court personnel and the counsel of the parties.
Consolidation of trials of related offenses. Demurrer to evidence. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five 5 days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five 5 days from its receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten 10 days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. The proceedings shall be terminated within thirty 30 days from the order grating it.
Judgment definition and form. It must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. Contents of the judgment. In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt.
In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist. Judgment for two or more offenses. Judgment in case of variance between allegation and proof. When an offense includes or is included in another. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter.
Promulgation of judgment. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside of the province or city, the judgment may be promulgated by the clerk of court. If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment.
The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided , that if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed and resolved by the appellate court.
The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. If the accused tried in absentia because he jumped bail or escaped from prison, the notice to him shall be served at his last known address. In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel.
If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen 15 days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies.
He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen 15 days from notice. Modification of judgment. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation.
Entry of judgment. Existing provisions governing suspension of sentence , probation and parole not affected by this Rule. New trial or reconsideration. Grounds for a new trial. Ground for reconsideration. Form of motion and notice to the prosecutor.
If based on a newly-discovered evidence, the motion must be supported by affidavits of witnesses by whom such evidence is expected to be given or by duly authenticated copies of documents which are proposed to be introduced in evidence. Add all DLC to Cart. See All. View Community Hub. Check out more from Games Operators! About This Game Operator allows you to manage emergency services in any city in the world! Dispatch units, take calls and face situations caused by weather, traffic or changing seasons.
Help the city survive escalating events like riots, organized crime, terrorist attacks, cataclysms, natural disasters and many more!
Danger has escalated Help on a scale bigger than ever before. Choose from over areas, such as districts, municipalities, and tens of thousands of real cities from all over the world.
To all units: a storm is coming… Face the dynamic weather, based on authentic, historical data. Watch the incidents change as day or night comes, traffic increases and seasons pass. Watch out for extreme conditions that may lead to cataclysms and natural disasters. Try to tame big wildfires spreading across the map. You can also play special scenarios in any city in the world, or make your own rules in the Free Game mode.
We need backup! Command the best specialists, using technologically advanced equipment and vehicles. When your units arrive at the scene, command them in the tactical view that gives you the full image of the situation.
System Requirements Windows. See all. Customer reviews.
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