RE: Copyright your work

[Chuck Martin <CMartin -at- serena -dot- com>]

Far be it from me to argue a legal opinion coming from an attorney, but....

While #2 is correct, I am not convinced of the complete trueness of #3. From
what I have learned of copyright law, the lack of filing of copyright does
not mean that the copyright cannot be defended in a suit. If a copyright is
not filed, only actual damages can be awarded if the copyright is found to
be infringed. The filing of copyright allows punitive damages to be awarded
as well.

And because of #2, copyright is automatically awarded to any Work put in
tangible form. The columns in this case did indeed have copyright
protection. Methinks the judge in this case was incorrect (I won't speculate
as to why), and like many cases that get lots of publicity upon the initial
decision, will get overturned on appeal (with little or no publicity
whatsoever).

> -----Original Message-----
> From: Doug Isenberg [mailto:disenberg -at- GigaLaw -dot- com]
> Sent: Monday, May 01, 2000 5:11 AM
> Subject: Re: Copyright your work
> 
> >http://www.lawnewsnetwork.com/stories/A21143-2000Apr13.html
> 
>          The case discussed in this article can be confusing 
> but is really 
> based on a few simple copyright principles:
> 
>          (1)     Copyright in a "compilation" (such as a 
> magazine as a 
> whole) is different from copyright in an individual work (such as one 
> particular article in the magazine).  The legal definition of 
> a compilation 
> is "a work formed by the collection and assembling of 
> preexisting materials 
> or of data that are selected, coordinated, or arranged in 
> such a way that 
> the resulting work as a whole constitutes an original work of 
> authorship."

> 
>          (2)     Copyright protection arises as soon as a 
> work is "fixed in 
> a tangible medium of expression," regardless of whether the 
> author files a 
> copyright registration.

> 
>          (3)     However, an author must file a copyright 
> registration 
> before filing a lawsuit to enforce his or her rights.  
> Further, there are 
> advantages to filing a copyright registration early 
> (typically, within 
> three months after the first publication of the work), such 
> as the ability 
> to get "statutory damages" (that is, pre-determined financial 
> damages set 
> out in the law) and attorneys' fees.
> 
>          The lesson from this case is clear: Do not rely on 
> your publisher 
> to obtain a copyright registration for you.

> 
> Doug
> 
> =======================
> Douglas M. Isenberg
> Attorney @ Law
> Editor & Publisher, GigaLaw.com
> =======================
> GigaLaw.com: "Legal Information for
> Internet and Technology Professionals"
> http://www.GigaLaw.com
> =======================
 
--
"I don't entirely understand it but it is true: Highly skilled carpenters
don't get insulted when told they are not architects, but highly skilled
programmers do get insulted when they are told they are not UI designers."
     - anonymous programmer quoted in "GUI Bloopers"
       by Jeff Johnson

Chuck Martin, Sr. Technical Writer
cmartin -at- serena -dot- com 


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