Question on liability for falsely asserting copyright protection

All,

This is my first post to this list, so forgive me if it is uniformed.

I am curious as to whether or not those who falsely assert that they own the copyright to works are in any way liable for that false assertion. Obviously, those who infringe on the copyright of others are liable for damages, but are those who assert ownership (thus depriving the public of free access to use that material) liable for that? Has any case like this ever gone through the courts?

I have noticed on a number of occasions institutions asserting copyright for things that are clearly in the public domain. They may own the physical item, but, for example, they will attach a copyright statement to reproductions of that item (I am talking here only about exact replications of 2 dimensional works, not 3 dimensional works or photographs of items that could be construed to constitute a "new work").

I have no interest in pursuing any person or institution that has falsely asserted copyright. I am just curious as to how the law would deal (or has dealt) with this sort of thing.

Thanks,

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm[_at_]u.library.arizona.edu Received on Thu May 25 2006 - 23:15:46 GMT