You are right, you are obviously no lawyer. I suggest you re-read slowly.
Maybe you will get the correct interpretation.
I am no longer discussing this topic as I got flamed because of someone
else's ignorant interpretation. This is something I am involved with every
day.
So the best advice to give is Everyone should hire an attorney!
Over and out
-----Original Message-----
From: Stephanie Sullivan [mailto:bq (at mark) aviaweb.com]
Sent: Friday, February 13, 2009 10:03 PM
To: coba-e (at mark) bluequartz.org
Subject: {Spam?} [coba-e:15067] Re: {Spam?} Re: NuOnce Software
Wcstaff,
I'm no lawyer, but you may want to reconsider. From the previously mentioned
circular 1 on page 7 from the US copyright office, who I consider to be an
authority on the topic. Notes the last sentence indicating that actual
damages and *profits* will be available. Registration gets you more, but
without it you can still get court actions:
If registration is made within three months after publication
of the work or prior to an infringement of the work,
statutory damages and attorney's fees will be available to
the copyright owner in court actions. Otherwise, only an
award of actual damages and profits is available to the
copyright owner.
Starting on page 4 there is a nice discussion of copyright notice. You might
want to reconsider your earlier assertion that registration was required to
use copyright notice (or more specifically the circle-c):
The use of the copyright notice is the responsibility of the
copyright owner and does not require advance permission
from, or registration with, the Copyright Office.
Guidelines for copyright notice are on the same page:
Form of Notice for Visually Perceptible Copies
The notice for visually perceptible copies should contain all
the following three elements:
1 The symbol C (the letter C in a circle), or the word
"Copyright," or the abbreviation "Copr."; and
2 The year of first publication of the work. In the case of
compilations or derivative works incorporating previously
published material, the year date of first publication of
the compilation or derivative work is sufficient. The year
date may be omitted where a pictorial, graphic, or sculptural
work, with accompanying textual matter, if any, is
reproduced in or on greeting cards, postcards, stationery,
jewelry, dolls, toys, or any useful article; and
3 The name of the owner of copyright in the work, or an
abbreviation by which the name can be recognized, or a
generally known alternative designation of the owner.
Example: C 2008 John Doe
Hope this is helpful.
Thanks,
-Stephanie
> -----Original Message-----
> From: wcstaff [mailto:wcstaff (at mark) webcoast.com]
> Sent: Friday, February 13, 2009 6:04 PM
> To: coba-e (at mark) bluequartz.org
> Subject: [coba-e:15058] Re: {Spam?} Re: NuOnce Software
>
> Exactly,
> No claim can be enforced until registration is obtained. The first
> part
> sounds so good. But, unfortunately, if the copyright holder wants to
> issue a
> stop use order against a copyright infringer, the demand will have no
> legal
> merit until a valid registration is secured. I say this because the
> copyright holder cannot file a law suit until a valid registration is
> obtained. Also the circled C logo cannot be used, unless you have a
> registered copyright. The word copyright has to be used instead.
> Again,
> since most people do NOT register their copyrighted work, to be safe,
> mail
> the documents to yourself via certified mail. Do not open it and
> store the
> documents in a "safe" place. Then you will have valid evidence that
> you
> created your work on a certain date, in case the need ever arises to
> protect
> your copyright.
>
>
> -----Original Message-----
> From: Kenneth Allan [mailto:kenneth (at mark) domain-nameit.net]
> Sent: Friday, February 13, 2009 5:45 PM
> To: coba-e (at mark) bluequartz.org
> Subject: {Spam?} [coba-e:15057] Re: NuOnce Software
>
> FYI
> How can I secure a copyright?
>
> This is a frequently misunderstood topic because many people believe
> that
> you must
> register your work before you can claim copyright. However, no
> publication,
> registration
> or other action in the Copyright Office is required to secure
> copyright.
> Copyright is
> secured automatically when the work is created, and a work is
> "created" when
> it is fixed
> in a "copy or a phonorecord for the first time." For example, a song
> can be
> fixed in
> sheet music or on a CD, or both. Although registration with the
> Copyright
> Office is not
> required to secure protection, it is highly recommended for the
> following
> reasons:
>
> * Registration establishes a public record of the copyright
> claim.
> * Registration is necessary before an infringement suit may be
> filed in
> court (for
> works of U. S. origin).
> * If made before or within 5 years of publication, registration
> establishes prima
> facie evidence in court of the validity of the copyright and of the
> facts
> stated in the
> certificate.
> * If registration is made within 3 months after publication of
> the work
> or prior to
> an infringement of the work, statutory damages and attorney's fees
> will be
> available to
> the copyright owner in court actions. Otherwise, only an award of
> actual
> damages and
> profits is available to the copyright owner.
> * Registration allows the owner of the copyright to record the
> registration with the
> U. S. Customs Service for protection against the importation of
> infringing
> copies.
>
> http://www.uspto.gov/web/offices/dcom/olia/copyright/copyrightrefresh
> er.htm
>
>
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