Re: Re: Question on liability for falsely asserting copyright protection

But you can't get a declaratory judgment unless there's a case or controversy -- a threat to sue the plaintiff. The only remedy I can think of is an action for fraud if the claim is false and material, and if you have reliance and damages.

I don't know exactly what Mr. Brewer is referring to, but I suspect the assertions of copyright ownership that he sees as false are actually thin. The copyright protection is limited to the lay-out, font, etc.

John Noble

At 5:40 PM -0400 5/25/06, John T. Mitchell wrote:
>In a declaratory judgment action that proves false the assertion of
>copyright, the prevailing party should be entitled to costs and
>attorneys fees (at the discretion of the court).
>
>17 USC 5050: "In any civil action under this title, the court in its
>discretion may allow the recovery of full costs by or against any
>party other than the United States or an officer thereof. Except as
>otherwise provided by this title, the court may also award a
>reasonable attorney's fee to the prevailing party as part of the
>costs."
>
>Although I am not aware of any declaratory action case in which
>Section 505 costs and fees were awarded, when Dan Fogerty won his
>defense of a claim of copyright infringement, the Supreme Court very
>forcefully stated that a prevailing defendant was just as entitled
>as a prevailing plaintiff would have been, given that it is just as
>important to prevent copyrights from being asserted beyond their
>limits as it is to enforce them up to their limits.
>
>John
>
>John T. Mitchell
>http://interactionlaw.com
>
>
>
>On May 25, 2006, at 3:15 PM, Brewer, Michael wrote:
>
>>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
>>
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Received on Sat May 27 2006 - 08:30:01 GMT