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US Copyright ruling might change the advice we give people
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<blockquote data-quote="Dannyalcatraz" data-source="post: 7574500" data-attributes="member: 19675"><p>It looks scary at first, but I don’t think it’s as bad as it may seem at first Bush. From what I’m seeing, the (unanimous) ruling doesn’t change the law that states copyright automatically arises, just that you have to spend the fees and get registered before you can file a lawsuit. </p><p></p><p><a href="https://www.jurist.org/news/2019/03/supreme-court-rules-registration-of-copyright-claim-occurs-when-copyright-office-grants-registration/" target="_blank">https://www.jurist.org/news/2019/03/supreme-court-rules-registration-of-copyright-claim-occurs-when-copyright-office-grants-registration/</a></p><p></p><p>This makes a certain amount of sense:</p><p></p><p>1) in a copyright case, you can actually reccover for past damages. So being forced to register for copyright protection before suing doesn’t necessarily hurt the IP holder.</p><p></p><p>2) if IP is deemed by the US Copyright office to not be worthy of copyright protection, that means the case can not be filed. That will help stem the tide of meritless copyright lawsuits. Consider how many songwriters, novelists, etc. have been sued for infringement by people claiming the accused had ripped off something they wrote that (essentially) nobody else ever saw- even if the case is meritless, the accused still has to spend money and time defending against the claim. This new ruling forcing someone to spend the time & $ to file for protection helps weed out the cranks and those gaming the system.</p><p></p><p>3) I don’t think this ruling inhibits the ability or legality of sending out C&D requests, though it may cause a delay in how quickly a given target may respond. A C&D letter isn’t a lawsuit, but rather, notice that X is making a claim that a given behavior violates their copyright claims, and that they are prepared to enforce said claim. That they may still have to pay registration fees and wait until their registration is approved is a mere detail.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 7574500, member: 19675"] It looks scary at first, but I don’t think it’s as bad as it may seem at first Bush. From what I’m seeing, the (unanimous) ruling doesn’t change the law that states copyright automatically arises, just that you have to spend the fees and get registered before you can file a lawsuit. [url]https://www.jurist.org/news/2019/03/supreme-court-rules-registration-of-copyright-claim-occurs-when-copyright-office-grants-registration/[/url] This makes a certain amount of sense: 1) in a copyright case, you can actually reccover for past damages. So being forced to register for copyright protection before suing doesn’t necessarily hurt the IP holder. 2) if IP is deemed by the US Copyright office to not be worthy of copyright protection, that means the case can not be filed. That will help stem the tide of meritless copyright lawsuits. Consider how many songwriters, novelists, etc. have been sued for infringement by people claiming the accused had ripped off something they wrote that (essentially) nobody else ever saw- even if the case is meritless, the accused still has to spend money and time defending against the claim. This new ruling forcing someone to spend the time & $ to file for protection helps weed out the cranks and those gaming the system. 3) I don’t think this ruling inhibits the ability or legality of sending out C&D requests, though it may cause a delay in how quickly a given target may respond. A C&D letter isn’t a lawsuit, but rather, notice that X is making a claim that a given behavior violates their copyright claims, and that they are prepared to enforce said claim. That they may still have to pay registration fees and wait until their registration is approved is a mere detail. [/QUOTE]
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