Path: utzoo!utgpu!news-server.csri.toronto.edu!rutgers!cs.utexas.edu!usc!pollux.usc.edu!papa
From: papa@pollux.usc.edu (Marco Papa)
Newsgroups: comp.sys.amiga
Subject: Re: Amiga animations on VHS now available
Message-ID: <25005@usc.edu>
Date: 31 May 90 08:26:52 GMT
References: <1409@faatcrl.UUCP> <24951@usc.edu> <1415@faatcrl.UUCP>
Sender: news@usc.edu
Organization: Felsina Software, Los Angeles, CA
Lines: 59

In article <1415@faatcrl.UUCP> jprad@faatcrl.UUCP (Jack Radigan) writes:
>papa@pollux.usc.edu (Marco Papa) writes:
>>Well, the infringer cannot just claim "innocent" infringement. He has to
>>"prove" it, which is quite different.  Given the fact that it is likely that
>>he would be contacted in case he goes along and releases the tape, not stopping
>>subsequent shipments would certainly drop the possibility of innocent 
>>infringement. And I am sure that by now he's found out about it from his net
>>connections.
>
>Grab a copy of "How to Copyright Software"  ISBN: 0-87337-102-X  It was
>really good reading.

You might want to get a version updated to include the revisions to the
copyright laws enacted on March 1, 1989 when US joined Berne.

>Proof is in the fact that a complete, not partial, ommision of copyright has
>taken place.  What's more, it would appear that the copyright holder has not
>taken *any* measures to correct this.

Since Berne, "omission" does not make you lose your rights.  

>  If not, it is doubtful that he can do
>anything other than to get a legal "cease and desist" order for subsequent
>infringement, and absolutely little, if any, measure of relief via damages.

That's actually not true, since one CAN register for copyright subsequently
(which is a required step for suing), than contact the infringer and ask him
to "cease publication" of the material that infringes. In case publication
is not ceased, the guy can be sued and innocent infringment will not be 
admissable.

You're also wrong about the damages. Damages depend on date of registration vs.
date of publication:

(from Circular 93 -- Hightlights of U.S. Adherence to the Berne COnvention)
"Presumption of copyright validity. The copyright owner who registers before
or within 5 years of first publication receives the benefit of legal 
presumption in court, called prime facia evidentiary weight. [...]

Statutory damages and attorney's fees. Another benefit of timely registration
is that the copyright owner of works registered for copyright protection 
within three months of publication or before infringment, is eligible for 
an award of attorney's fees and statutory damages.  [..] The Berne COnvention 
Implementation Act doubles statutory damages to:

* a range between $500 and $20,000 for ordinary infringment.

* a maximum of $100,000 for willful infringment; and

* a minimum of $200 for innocent infringment"
(end of quote)

-- Marco



-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
"Xerox sues somebody for copying?" -- David Letterman
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=