Re: Re: Question on liability for falsely asserting

In-Reply-To: <list-13819284[_at_]cni.org>
Dodi Schultz wrote:

> I noted that a false assertion of copyright in public-domain material
> doesn't actually create a copyright or remove the work from the public
> domain.
>
> Amalyah Keshet and Larry Steller point out, however, that such an
> assertion can be at best profoundly discouraging to creators, and at
> worst can in effect prevent legitimate creators from marketing their
> works, because of its chilling effect.

Just an incomplete thought: UK law makes special provision for claims against those who falsely assert that they are author of a work. (It's an add-on to the moral right of identification, with a subtly different set of exceptions.)

Probably a copyright notice, for example one inserted willy-nilly in a web page footer, doesn't necessarily amount to such a false claim. But the possibility of action might encourage clarification of what the thin right claimed is.

This could be particularly interesting in cases where, for example, a database provider (not mentioning any Lexis in particular) puts a notice on a work that actually belongs to me. Couldn't it? (More interesting than the PD case because the public domain has even more difficulty launching an action than I do.)

Mike Received on Wed May 31 2006 - 20:40:00 GMT