05-21-2009, 11:31 AM | #16 | |
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Quote:
I'm not in favor of removing punitive damages from civil cases (of any sort) as a general rule. |
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05-21-2009, 12:09 PM | #17 |
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05-21-2009, 12:13 PM | #18 |
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05-21-2009, 12:45 PM | #19 |
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Shaggy is correct -- punitive damages are rare in general.
The idea that you can get punitive damages for behavior that is "unethical" but not otherwise compensable ("illegal") is not correct, however. Unless you can show eligibility for compensatory damages as a plaintiff, punitive damages aren't even an issue. Copyright law also recognizes that actual damages are hard to prove and provides for statutory damages, although I don't know what they are at this point. As for the European/American differences, the main reason that the US did away with all the formalistic requirements to *assert* copyright (using the symbol, registering, etc.) was to enact uniform standards under international trade agreements. The changes took place, mostly, in the late 90's -- it was one of the later rounds of the GATT negotiations. |
05-22-2009, 08:54 PM | #20 | |
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Actually I meant statutory damages, not punitive ones. This is why one should not amateur lawyer over the Internets. Anyway, let me quote the following from publaw:
Quote:
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05-23-2009, 12:43 AM | #21 |
Kate
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OK, that sounds all good and fair. I withdraw my objection.
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05-23-2009, 03:36 AM | #22 |
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Can anyone explain to me WHY someone should have to go to the trouble and expense of "registering" a copyright, when the International Berne Copyright Convention, to which the US is a signatory, is supposed to guarentee their rights without them having to do anything?
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05-23-2009, 06:02 AM | #23 | |
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Registration is usually not a big deal; if you're an individual self-publishing or performing on a small scale, it's unlikely your work is going to be worth anything much for people to bother stealing. If you're an professional with a money deal with a professional company in the field, they'll do the expedited registration for you. Last edited by sirbruce; 05-23-2009 at 06:05 AM. |
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