RE: Question on liability for falsely asserting copyright pro

>From: Dodi Schultz <SCHULTZ[_at_]compuserve.com>
>Reply-To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>To: "CNI-COPYRIGHT -- Copyright & Intellectual Property"
><CNI-COPYRIGHT[_at_]cni.org>
>Subject: [CNI-(C)] Question on liability for falsely asserting copyright
>pro
>Date: Fri, 26 May 2006 12:10:50 -0400
>
>
> >> This is my first post to this list, so forgive me if it is
> >> uniformed.
>
>All posts, especially first posts, should be formally attired. ;-)
>
>As to Mr. Brewer's question:
>
> >> 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...
>
>Which would the case if the false assertion were made by, say, A's slapping
>a copyright notice on the purloined work of B.
>
> >> ...but are those who assert ownership (thus depriving the public of
> >> free access to use that material) liable for that?
>
>Why would making that false assertion about a work in the public domain
>deprive anyone else? A mere assertion doesn't make something so. The
>assertion wouldn't actually REMOVE the work from the public domain.
>
>IA a writer, NAL.
>
>--DS

I agree, just because someone say's it's so, doesn't make it so.

But let's say for example, two people create a digitized embroidery design from the same public domain image of a simple outlined butterfly, without any changes made to the original butterfly image by either person. Ebay is contacted by person "A" that person "B" is violating their copyright of the butterfly design, so Ebay ends the auction of person "B".

With person "A" claiming to own the copyright, it is depriving person "B" from selling their own
design created from the same public domain image.

Regardless of Ebay being made aware the design was created from a public domain image doesn't matter. Person "A" made the claim. End of story.

With person "A" being a large business, and knowing person "B" doesn't have the financial means to take them to court, they can claim they own the copyrights to public domain images, even though they legally don't.

Bottom line, copyright laws only protects those who can afford to financially protect them. Received on Mon May 29 2006 - 20:35:01 GMT