Illadore's House o Crack - Copyright Infringement and Me

About Copyright Infringement and Me

Previous Entry Copyright Infringement and Me Nov. 3rd, 2010 @ 11:14 pm Next Entry
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From:delkytlar
Date:November 4th, 2010 03:24 pm (UTC)
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I'm going on the assumption that you didn't actually register the copyright in your article. If you had (and you have up to 5 years after initial publication to do so, but must do so before an infringement occurs), you'd be entitled to statutory damages of between $750 and $30,000, depending on circumstances. Without a registration, you have a more difficult fight, but still a potentially valid claim.

(Note: I am not an IP lawyer, but a publishing contracts and copyrights professional. The above is general information only, and not intended as legal advice.)
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From:dr_memory
Date:November 4th, 2010 05:25 pm (UTC)
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Is registration actually necessary? My (not-a-lawyer) understanding of the Berne Convention is that copyright is assumed to be inherent once a written work is created: registration might make proving authorship a smidge easier, but that's about it.

(And of course, the fact that the idiot admitted to lifting the article hopefully makes the question moot.)
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From:delkytlar
Date:November 4th, 2010 06:11 pm (UTC)
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Registration is not necessary for ownership of copyright. The author owns what they've written from the moment it is written down. However, registration is necessary to bring a suit in the U.S., since it clearly proves ownership of the work. You can't ask for statutory damages without registration, and statutory damages are often/usually higher than the actual damages in a case like this one.
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