Re: French copyright

I am reminded by Dan Carlinsky of ASJA's Contracts Watch (about electronic rights from the writers' point of view): In his explanation of the reason for registering copyright, Mike Holderness perhaps underdescribed the gains (for creators) from copyright registration--in particular *timely* registration. ("For the avoidance of doubt, US authors are still advised to register; but this is a matter of evidence, of reducing costs in any law-suit, not a requirement.")

The most important gain is explained in ASJA's paper "Copyright Registration for Freelance Writers: Why and How to Register Your Articles," available at http://www.asja.org/copyrite.htm

Why Register?

   Under the law, if your copyright is infringed, you can't sue unless the work has been registered with the U.S. Copyright Office. You can, of course, wait until there's a problem before you bother filing a registration application. But there's a good reason to file as a matter of routine.

   In copyright infringement cases, courts may assess two distinct kinds    of damages.    

      Statutory damages--up to $100,000 if the infringement is judged to 
      be willful--are available only if the work was registered no later 
      than three months after first publication or, if the work was 
      registered later than that, if the infringement begins after 
      registration. In cases where statutory damages apply, the court 
      may also award attorney's fees.
      
      Actual damages are monetary losses suffered by the infringed party--
      losses that are likely to be small; proving such losses is often
      time-consuming and difficult. What's more, courts are not free to 
      award attorney's fees in conjunction with actual damages.
      

   So for infringement of articles not registered in time, it is rarely    cost-effective to hire a lawyer and sue in federal court. (A suit in    small claims court, based on contract rather than copyright, may make    sense in such cases.) If you've registered your copyright in time,    you're in a better position to inflict damage in a real lawsuit; thus,    you have far greater clout.    

   In short: As a defensive move against infringement--such as unauthorized    electronic use of an article--it can be wise to register each magazine    and newspaper article you write.    

   Pat McNees, for
   ASJA (American Society of Journalists & Authors) Received on Fri May 02 1997 - 17:13:14 GMT