Re: U.S. copyright registration process

I do not understand : since the USA is now part of the Berne convention, works produced by US artists should be protected all the same as foreign works.

My understanding has always been that works are generally protected, but that if you have not registered your work properly as requested by Congress, statutory damages paid will be lower if existant at all. This applies both to American AND to foreign works.
Is it a correct interpretation ?

Sylvie Fodor

fwilf[_at_]morganlewis.com wrote:

> (Was: t.s. Eliot question & public domain)
>
> On Sat, 29 Jul 2000, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
> >
> > Whatever the context of the original discussion, it is frankly
> > disingenuous to suggest that the US system meets its Berne obligations.
> > Given the fact that in the US, costs do not follow the case, and that
> > the additional damages/attorney's costs are only recoverable if the
> > copyright was registered prior to the infringement, a foreign
> > rightsholder is only practically protected in the US against acts of
> > infringement for which the actual damages are significantly greater
> > than the likely costs of litigating for their recovery; and most
> > acts of infringement fall well below this very substantial hurdle.
>
> There is a requirement that the copyright owner register the copyright
> prior to the beginning of the infringing acts (or within 3 months of
> first publication for a published work) in order to qualify for
> attorney's fees and statutory damages. However, this requirement
> does not apply to "Berne Convention works," which means that most
> foreign rights holders will not be subject to this requirement.
>
> Thus, Congress continues to impose formalities on U.S. citizens, while
> waiving those formalities for foreign rights holders.
>
> My personal view is more aligned with yours in that I believe that
> copyright registration as currently implemented under U.S. law should
> be abolished, or at least made wholly permissive (i.e., no loss of
> rights or remedies for failure to register). The current system
> rewards the relatively small percentage of people and businesses who
> know that there are copyright registration procedures and who find
> it economical to fill out a form (albeit a relatively simple form,
> when compared to other legal forms) and pay a fee of $30 per
> application (although the application may cover several or numerous
> works where group regsitration is permitted). For many young or
> non-professional writers and artists, copyright registration serves
> as a substantial barrier, and sometime it's an insurmountable barrier.
>
> I have evaluated many copyright infringement cases, and litigated a
> few of them of in U.S. courts. As a result, I have often advised
> copyright owners who failed to register that they do not have the
> two best remedies that they otherwise might have had under U.S. law.
> In many cases, this made the difference between the copyright owner
> filing suit or not filing suit.
>
> I have also highlighted the need to file copyright applications in
> my talks to lawyers and non-lawyers alike. For many years, I used
> a "Top Ten" list (a la David Letterman, a U.S. television personality
> who runs a Top Ten list each show), the most recent version of which
> follows:
>
> From the home office in Philadelphia, Pa. (drum roll, please), here
> are the "Top Ten Reasons to File a Copyright Application":
>
> 10. Gives you a reason to [print your source code] [burn a CD-ROM
> of your web site] [make a hard copy of your work], which you've
> never done before.
>
> 9. Provides proof of the work as of the date of the application,
> so some idiot doesn't claim you stole his great idea.
>
> 8. In a law suit, you want the infringer to reimburse you for
> Fred's outrageous attorney's fees and expenses.
>
> 7. Gives you the right to complain that offshore copyright holders
> don't have to file copyright applications, so why should U.S.
> citizens?
>
> 6. Trying to figure out that the Copyright Office's logo is
> designed to look like the nib of a fountain pen provides hours
> of amusement.
>
> 5. You want $150,000 in statutory damages from the S.O.B. who
> pirated one copy of the shareware you license for $10.
>
> 4. Protecting your work by mailing yourself a copy is an old
> wives tale, but then you knew that.
>
> 3. Do it now, because it may be unnecessary once Congress
> realizes that they can't stuff the Copyright Office with
> patronage jobs.
>
> 2. Shows that you actually heard this talk and didn't skip out
> right after [breakfast] [lunch] [dinner] [happy hour].
>
> 1. It's a great stupid legal trick.
>
> For those who haven't seen David Letterman, the #1 answer is a play on
> one of Letterman's standard bits, "Stupid Animal Tricks".
>
> > When it becomes possible to advise foreign rightsholders that there
> > is no possible need or benefit involved in registering copyright
> > in the US, then I will accept that the US has met its international
> > treaty obligations.
>
> The only aspect of copyright registration that I like is that the
> Copyright Office serves as a public depository for certain types
> of works. However, I don't believe that this is sufficient cause
> to keep the current system. There are depositories maintained by
> industry groups (e.g., Screenwriters Guild maintains a depository
> of scripts and script outlines) and by private companies (e.g., the
> technology bailment / escrow companies). This set of benefits can
> apply without the need for a government-mandated process that, in
> my opinion, causes far more harm than good.
>
> Best regards,
>
> --Fred Wilf
>
> Frederic M. Wilf
> Morgan Lewis & Bockius LLP, Philadelphia, PA, U.S.A.
> Email fwilf[_at_]morganlewis.com (new address) or fwilf[_at_]compuserve.com
> Web http://www.morganlewis.com/bios/wilf.htm
>
> **********************************************************************
> Please note that the Morgan Lewis e-mail domain has been changed
> to "morganlewis.com". In most cases, the person's e-mail address is
> their first initial and their full last name plus @morganlewis.com.
> To locate the e-mail address of a specific individual at Morgan
> Lewis, please refer to the firm's web site, now located at
> http://www.morganlewis.com, or send an e-mail to info@morganlewis.com.
> Please update your address book and bookmarks accordingly.
>
> If you are experiencing technical problems, please call our hot line
> at 215-963-4662.
>
> The information contained in this e-mail message is intended only for
> the personal and confidential use of the recipient(s) named above.
> This message may be an attorney-client communication and as such is
> privileged and confidential. If the reader of this message is not
> the intended recipient or an agent responsible for delivering it to
> the intended recipient, you are hereby notified that you have received
> this document in error and that any review, dissemination,
> distribution, or copying of this message is strictly prohibited.
> If you have received this communication in error, please notify us
> immediately by e-mail, and delete the original message.
> **********************************************************************
Received on Mon Aug 07 2000 - 07:51:18 GMT