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Archive 2008 · Image used without permission!!!

mdude85
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p.4 #1 · Image used without permission!!!

granitepoint wrote:
wonder why so many sites state that :
"Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin." I have seen this on the USCO and several law related sites. Is that bogus?

Sounds like someone is mistaken. I am wondering which is correct. Do you have any references that would validate your statement? I am not doubting you or wanting to be a troll, just want to get the facts. Without registration how do you prove in court that you own the copyright? You know with the rules of edvidence and such. Any lawyers out there that want to jump in on this?

I'm not a lawyer but I know the answer to this. "Court" is an awfully broad term to be throwing around. IF the work is not registered, the "court" can file injunction against defendant to pay perhaps court costs and losses. IF work is registered, injunction can be filed - and - plaintiff can take defendent to "court" and seek [statutory] damages.

Losses = what you lose in profits from having your copyright work stolen for a period of time, i.e. per copy
Damages = some order of magnitude greater than the price the defendent would have paid to obtain the right to legally use the copyrighted work, i.e. per work.

USCL Tit. 17

Edited on Apr 17, 2008 at 10:19 PM

Apr 17, 2008 at 10:17 PM

Craig Gillette
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p.4 #2 · Image used without permission!!!

§ 411. Registration and infringement actions10
(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.

From the copyright law - not the complete section. (106A(a) deals with attribution and integrity.)

So that's where the requirement to register before "going to court" - in simple terms comes from.

Edited on Apr 18, 2008 at 02:05 AM

Apr 18, 2008 at 01:58 AM

mdude85
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p.4 #3 · Image used without permission!!!

Craig Gillette wrote:
§ 411. Registration and infringement actions10
(a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.

From the copyright law - not the complete section. (106A(a) deals with attribution and integrity.)

So that's where the requirement to register before "going to court" - in simple terms comes from.

The statute is reciting a requirement to register before seeking damages fees for infringement, infringement being punishable by the recompense of statutory damages + attorney fees outside the scope of those covered by unauthorized copyright use.

It is still possible to bring a copyright to suit even if it not registered, through a judge-ordered injunction, the judge being considered part of a "court." As I said, "court" is an extremely broad way of describing any forum to settle disputes on the basis of laws.

Check out 17 USC 501 for more info.

Edited on Apr 18, 2008 at 02:50 AM

Apr 18, 2008 at 02:48 AM

Craig Gillette
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p.4 #4 · Image used without permission!!!

501 has nothing to do with injunctions. 502 deals with injunctions.

§ 502. Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this title may, subject to the provisions of section 1498 of title 28, grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.

The initial step (burden) in an action is to file suit. Injunctions can't be ordered without there being an action. The registration is prima facie evidence of ownership. Injunctive relief may be sought during the course of the lawsuit after establishing ownership and infringement liability to restrain copying during the lawsuit.

http://www.tms.org/pubs/journals/JOM/matters/matters-9805.html

Apr 18, 2008 at 05:16 AM

Lennyd
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p.4 #5 · Image used without permission!!!

I want to know how this turns out.

Apr 20, 2008 at 11:04 AM


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