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- From: everett@hpcvra.cv.hp.com (Everett Kaser)
- Date: Wed, 22 Jul 1992 00:05:04 GMT
- Subject: Re: Copyrights (was Re: PKZIP 1.93 site)
- Message-ID: <126280001@hpcvra.cv.hp.com>
- Organization: Hewlett-Packard Co., Corvallis, OR, USA
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!mips!sdd.hp.com!hp-cv!hp-pcd!hpcvra!everett
- Newsgroups: comp.binaries.ibm.pc.archives
- References: <RATINOX.92Jul20113240@splinter.coe.northeastern.edu>
- Lines: 31
-
- ratinox@splinter.coe.northeastern.edu (Richard Pieri) writes...
- >There is also no such animal as a "non-registered Copyright holder." Either
- >you have registered your idea with the Copyright Department, in which case
- >you have a valid Copyright; or you have not, in which case you don't have a
- >valid Copyright. Just putting the phrase "Copyright (C) 1992 by Richard
- >Pieri" in your program is *NOT* a valid Copyright.
-
- >Say I write a program today, and put a phrase like that in it, and do
- >nothing more. Tomorow, "you" (this is a generic "you") take that program,
- >put your name on it, and register it with the Copyright Department. If, at
- >any time, "you" and I wind up in a dispute as to who owns the rights to
- >this program, the courts will say that "you" do, because you have a valid
- >Copyright.
-
- Au contraire! Due to changes in US and international copyright laws, the
- MOMENT that you create a "work" (any sort of "work" that may be copyrighted),
- you LEGALLY own the copyright to that work, and you may enforce it in a
- court of law. You need not register it, and you need not put ANY copyright
- notice in/on the "work" (although you'd be foolish NOT to). In all situations
- the burden of proof is upon YOU to prove that the "work" is yours, is
- sufficiently original to be copyrightable. HOWEVER. Every step you take
- towards protecting your copyright makes it that much easier to enforce. ALSO,
- if you don't register (and this is US-only) with the copyright office, then
- even if you win your suit in court, you can ONLY collect actual damages
- sustained by the copying (you can't even make them pay your court costs).
- BUT, if you've registered your copyright BEFORE the illegal copying occurred,
- then you can collect triple damages AND your court costs.
-
- ** Everett Kaser Hewlett-Packard Company
- ** ...hplabs!hp-pcd!everett work: (503) 750-3569 Corvallis, Oregon
- ** everett@hpcvra.cv.hp.com "Today is a good day for change."
-