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De minimis

The country of Georgia has no legally recognized freedom of panorama, and a strict interpretation of copyright law makes commercial reproduction of a likeness of any modern Georgian building a likely copyright violation. However, a panorama of a Georgian city (here, Batumi), which does not focus on any building in detail, is likely allowed due to the de minimis principle.

De minimis is a Latin expression meaning "pertaining to minimal things" or "with trifles", normally in the terms de minimis non curat praetor ("The praetor does not concern himself with trifles") or de minimis non curat lex ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters.[1][2] Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, aquila non capit muscās (the eagle does not catch flies).[3]

The legal history of de minimis dates back to the 15th century in the civil law, although there are earlier antecedents.[4] It was incorporated into David Dudley Field's Maxims of Jurisprudence of New York by the 1800s which was later exported by migrants such as John Chilton Burch to newer states such as California[5][6] by the 1870s and Montana[7] by the 1890s—as well as to other states such as North Dakota.[8]

The general term has come to have a variety of specialized meanings in various contexts as shown below, which indicate that beneath a certain low level a quantity is regarded as trivial, and treated commensurately.

  1. ^ Ehrlich, Eugene (1987) [1985]. Amo, Amas, Amat and More. New York: Harper Row. p. 100. ISBN 978-0-06-272017-7.
  2. ^ Garner, Bryan A., ed. (1999). Black's Law Dictionary (7th ed.). St. Paul, Minnesota: West Publishing. p. 443. ISBN 0-314-22864-0.
  3. ^ Walter Keating Kelly (1869), A Collection of the Proverbs of All Nations
  4. ^ Max L. Veech & Charles R. Moon, "De Minimis Non Curat Lex", 45 Michigan Law Review. 537, 538 (1947) (quoting Thomas Branch, Principia Legis et Æquitatis 36 (William Waller Hening ed., T. H. White, 4th London ed. 1824) and citing Bracton, De Legibus, for early English history)
  5. ^ ""California Civil Code — Maxims of Jurisprudence § 3533"". "State of California". The law disregards trifles...(Enacted 1872.)
  6. ^ Haymond, Creed; Burch, John C. (1871). "Revised laws of the State of California". "State of California". see also: Based on David Dudley Field's New York Field Codes, these volumes comprise the proposed code of laws for the state of California
  7. ^ ""Montana Code — Maxims of Jurisprudence § 1-3-224". "State of Montana". Trifles. The law disregards trifles. History: En. Sec. 4624, Civ. C. 1895...
  8. ^ ""North Dakota Code — Maxims of Jurisprudence § 31-11-05(24)" (PDF). "State of North Dakota". The law disregards trifles

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