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Old 11-08-2013, 01:27 AM   #15
Hitch
Bookmaker & Cat Slave
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Quote:
Originally Posted by mrmikel View Post
What you say is true, but there is a difference in the US.

According to wikipedia(which I acknowledge as far from the last word on anything),

For works created in the US by US citizens, a registration is also required before an infringement suit may be filed in a US court. Furthermore, copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.

That is a significant difference, since it would seem an uphill battle to stop infringement otherwise.
In this instance, Wikipedia is correct. To collect damages, you need to have registered the work. Without it, the lawsuit will effectively bring you nothing but the cost of having brought it and a C&D (Cease and Desist) order.

Quote:
Here in the U. S. if the case isn't worth $10,000, it can cost more to litigate than you could gain.
Make that $50K for any real case. A small-claims or justice court case, maybe (under $10K), but no case on the planet will cost you less than $50K to prosecute, including the legal fees, discovery, disclosure and everything else you need before you walk in the doors of the courtroom, for the actual trial--which will cost you at least another $20K or more.

Hitch
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