The committee reached a similar conclusion: "The strategy should be given effect in legislation," it says.
Its constitutional court last year insisted it has the final say on whether EU rules can be given effect in Germany; it allowed Chancellor Angela Merkel to sign the Lisbon treaty, but only on certain conditions.
L. 108 419, § 5(d)(5)(A), substituted "Librarian of Congress and Copyright Royalty Judges" for "Librarian of Congress" in first sentence and "(C) or (D) shall be given effect as to digital phonorecord deliveries" for "(C), (D) or (F) shall be given effect" in second sentence.
When the District Court tries the case anew it will be constrained to follow the decision of the Circuit Court of Appeals that a 'general and persistent rise in prices should have been given effect in fixing a fair valuation.' In the meantime, can a judge be found who can accurately divine all future prices of commodities to be used for imaginary reproductions of this Company's property?
Furthermore, the Libyans' lawyers will argue that section 7 is trumped by section 3 of the 1998 Human Rights Act – which says legislation "must be read and given effect in a way which is compatible with the [European] convention rights – and by the 2001 International Criminal Court Act, which sets out the circumstances in which individuals shall be sent to The Hague to stand trial.
We do not wish to be understood, however, as expressing an opinion upon the constitutionality of the act of 1887, if it were applied to prior policies, but simply as holding that, in view of the language of the act, and the doubtfulness of its constitutionality as applied to prior policies, it should only be given effect in cases of policies thereafter issued.
Parliament passed the European Communities Act 1972 19722 Act) to allow that to happen since it was a condition of membership that Community law should be given effect in the domestic law of the United Kingdom and primary legislation was required to achieve this [1 and 36-54] 36-54]
License agreements voluntarily negotiated at any time between one or more copyright owners of nondramatic musical works and one or more persons entitled to obtain a compulsory license under subsection (a) shall be given effect in lieu of any determination by the Copyright Royalty Judges.
License agreements voluntarily negotiated at any time between 1 or more copyright owners of sound recordings and 1 or more transmitting organizations entitled to obtain a statutory license under this subsection shall be given effect in lieu of any decision by the Librarian of Congress or determination by the Copyright Royalty Judges.
