Gene Kim-Eng wrote: > True, but considering that in this case the potential monetary > damages are probably laughable compared to the cost of > bringing a suit, if copyright was in effect the only reason to > bring suit would be if the current owner was sufficiently > ticked off to want to force the violator to desist. Register, > wait for registration to complete, sue. > > Also, I wonder if someone misquoting with attribution > would really meet the legal requirement for infringement > at all. If the original creator considered being associated > with the violator's opinion potentially damaging, that might > be a more appropriate path. >
Gene, The question wasn't infringement. Presumably, quoting the passage, accurately or inaccurately (but without distortion of the meaning) would be fair use under most circumstances. The question was what is codified in the Berne convention, to which the US is a signatory, as the author's "moral right." This is explicitly about the author's words being taken out of context, distorted, or otherwise applied in a way that causes damage to the author's reputation. For example, if some deep truth uttered by the Dalai Lama were quoted for the purpose of selling impotence drugs, the Dalai Lama would have the right to sue the advertiser on the basis of the moral right clause of Berne. I don't know whether a US lawyer would sue under Berne or would take a more conventional tack, perhaps using libel law rather than copyright law. That would be up to the client and attorney to decide, in terms of the cost of carrying the suit forward vs. the potential gain. Dick ______________________________________________ Author Help files and create printed documentation with Doc-To-Help. New release adds Team Authoring Support, enhanced Web-based help technology and PDF output. Learn more at www.doctohelp.com/tcp. Interactive 3D Documentation Parts catalogs, animated instructions, and more. www.i3deverywhere.com _______________________________________________ Technical Communication Professionals Post a message to the list: email [EMAIL PROTECTED] Subscribe, unsubscribe, archives, account options, list info: http://techcommpros.com/mailman/listinfo/tcp_techcommpros.com Subscribe (email): send a blank message to [EMAIL PROTECTED] Unsubscribe (email): send a blank message to [EMAIL PROTECTED] Need help? Contact [EMAIL PROTECTED] Get the TCP whole experience! http://www.techcommpros.com
