> Glen Tenney <tenney[_at_]netcom.com said:
> >I do believe that society as a whole would be vastly improved if:
> ....
> >(b) There were a penalty for falsely claiming copyright when one
> >is not entitled to it.
Wouldn't such a provision be unworkable. Since copyright subsists in any writing in a tangible medium of expression, in one sense you "claim" copyright every time you write something. There are disincentives for failure to put the notice of copyright on the writing so we encourage you to do so. Since there is no preissuance review in copyright, a party will never know if they have copyright until it is ultimately litigated. This is far different from the patent system where we do have penalties for false claims but we also have a preissuance clearance system where a formal patent certificate is issued.
Harvey Perlman
University of Nebraska
<hperlman[_at_]unlinfo.unl.edu>
Received on Thu Apr 14 1994 - 11:54:49 GMT
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