Thanks Amalyah and Maria.
Another thought which professional associations and others may have already
looked into -- how about some sort of mediation process for copyright and
other IP claims...less expensive, quicker, perhaps could be done without an
attorney....thoughts?
Lesley
Lesley Ellen Harris
[email protected]
----- Original Message -----
From: "Amalyah Keshet" <[email protected]>
To: "Multiple recipients of mcn-l" <[email protected]>
Sent: Wednesday, April 05, 2006 9:33 AM
Subject: IP SIG: Re: Small Claims Court for Copyright?
Lesley, et al.:
Here's the answer, provided by Maria Pallante, legal counsel, Guggenheim
Museum:
"Lesley is right and not at all alone in her view. Small claims have been
around since the beginning of copyright law. They are not always cost
effective to bring, which I think is the photographers' point. They feel
they need to make enforcement easier, by making the system less expensive
and less cumbersome for claims that today may not be worth filing. But
that is where authors guilds, trade associations and unions can step up
and provide support or dispute resolution assistance. I was a staff
attorney at both the Authors Guild and the National Writers Union and I
too assisted with many, many small claims of members, ensuring that they
never reached the litigation level, actually. So it does remain to be
seen whether a new system is needed, whether it will be used and, as I
said before, whether it is constitutional - there are some questions about
whether one can force a party out of a federal court when the issue is
federal law, including federal defenses like fair use.
All this should come out now that they have held this proceeding - which
was initially tied to the orphan works issue and is thank goodness no
longer so - and we shall see!"
Maria will be testifying before the Senate on the Orphan Works legislation
tomorrow www.cspan.org We should all watch and cheer her on!
Amalyah Keshet
Chair, MCN IP SIG
----- Original Message -----
From: "Lesley Ellen Harris" <[email protected]>
To: "Multiple recipients of mcn-l" <[email protected]>
Sent: Tuesday, April 04, 2006 5:20 PM
Subject: Re: IP SIG: Small Claims Court for Copyright?
Why is special legislation needed for this? When I was practising law in
Toronto many years ago, I helped a photographer client pursue a case in
small claims court.
Lesley
Lesley Ellen Harris
[email protected]
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