I thought I might clarify something related to the discussion on copyrights
(in the US).
One important reason to register your copyright is that unless you register
before publication or within 3 months after the first publication of your
work, then you will likely be prevented from being awarded statutory damages
or attorney fees under the copyright laws. Sometimes that possiblity of
being awarded attorneys fees can be very important, as the cost to litigate
in federal court is high. It is entirely possible that the litigation costs
(which include attorney's fees) would be more than the actual damages you
would suffer. For example, there was a reported case some years back where
the awarded damages were $50,000, but the attorneys fees that were awarded
were over $100,000. Being able to potentially make the infringer pay those
fees can be a powerful motivator for the infringer to settle the case.
Also, it could be a deciding factor in whether one can even justify bringing
the infringement action in the first place.
Your work is "copyrighted" once you create it and fix it in some tangible
medium (e.g. on disk, or paper, etc.).
Registration is not required, but is advisable as noted above. Addition of
a copyright notice is also good idea.
Check out the Copyright Office website (www.loc.gov). They have a number of
brochures and circulars in pdf format that give more detail on registration
and notice requirements, as well as general background on copyright.
Copyright registration is relatively cheap, compared with other types of
intellectual property protection (patent, trademark)
The above is just a general discussion, and is not meant to apply to any
particular specific situation. Your individual facts may change which rules
and laws apply. In other words, I am not intending this to be legal advise
to any particular person's individual situation.
Best regards,
jim
[EMAIL PROTECTED] James H. Walters, Patent & Trademark Attorney,
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-----Original Message-----
From: pete moss <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Wednesday, June 09, 1999 2:41 PM
Subject: copyrights (was: Re: cracking site - how do we shut it down?)
>as a composer, who occasionally writes code, i feel that i can comment
>on this :)
>
>"Hester, Garyl" wrote:
>>
>> }
>> } Just one question. Do you actually hold the Copyright on the material
>> } you are talking about. If you don't have a registered copyright, then
>> } it isn't copyrighted. Technically this isn't absolutely true, but you
>> } are in a very untenable position unless you hold a real copyright.
>> }
>> Not correct. According to copyright law, all works are implicitly
>> copyrighted when they are published unless they are specifically placed
in
>
>as far as US copyright law is defined, this is correct. works are
>considered copyrighted (?) as soon as they are presented to others.
>just mark it with the copyright lingo mentioned below. the only reason
>for registering your copyrights is to be able to prove in court who had
>it first. that is considered the only real, legal proof.
>
>
>
>> the public domain. To wit:
>>
>> "This work is hereby placed in the Public Domain."
>>
>> Further protections are allowed if a statement of copyright is placed
on/in
>> the work, to wit:
>>
>> Copyright (C) 1999, Foo Bar Productions.
>>
>
>also, it should be noted that the '(C)' notation is legally invalid.
>the only valid marks are 'Copyright', the circle with a c in it, and the
>circle with a p in it. there may be others, but i know these because of
>their relation to music. many think the '(C)' is the same as the circle
>with a c in it. that is wrong. so unless you know the ascii for the
>circle with a c in it, use the word 'Copyright'. you dont need the word
>and the symbol together, but many use it. i personally use just
>'copyright'. you might also want to mention 'all rights reserved'.
>
>pete
>
>this email Copyright 1999, Bantha Music (ASCAP). All Rights Reserved.
>
>(just kidding, i dont think ascap covers my non music copyrights :)
>
