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Old 10-19-2010, 09:55 AM   #75
Lady Fitzgerald
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Join Date: Apr 2010
Location: Tempe, AZ, USA, Earth
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Quote:
Originally Posted by DMcCunney View Post
And the emphasis on "may" was in error...Dennis
Whatever.

Quote:
Originally Posted by DMcCunney View Post
...How much money did you lose because someone pirated your work? The court will want you to substantiate that...Dennis
And yet we frequently see excessive awards granted, such has the McDonald's hot coffe case.

Quote:
Originally Posted by DMcCunney View Post
...The first requirement is that the rights holder be aware of it. If you hold copyrights, policing them is on you. You can sue if you discover they are bring violated, but you must discover it and bring suit. It does not happen automatically, and will not be done for you...Dennis
No kidding. Thank you for stating the obvious. What set you off on this tangent?

Quote:
Originally Posted by DMcCunney View Post
...Another question was whether the copyright was registered. The US is a signatory to the Berne convention, and under it, registration is not necessary to have copyright. That exists when the work is completed. But registration is useful if you expect to have to sue, as it provides legal proof that copyright existed as of the time the registration was done, and you can sue for punitive damages as well as statutory damages...Dennis
It's true you do not have to register a copyright but can you show me one instance where someone successfully sued (in other words sued and received a favorable judgement) without having registered the copyright?

Last edited by Lady Fitzgerald; 10-19-2010 at 10:14 AM.
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