Re: Registration & Berne (was: French copyright)

Terry Caroll <carroll[_at_]tjc.com> writes:
>
> Second, as to the remedial benefits of registration, if you don't timely
> register, you're only entitled to actual damages. But that's the
> traditional standard remedy to which one is ordinarily limited in a civil
> action. The timely registration allows only for additional or alternative
> "bonus" remedies: attorney's fees and statutory damages. I don't think it
> violates the spirit of Berne to encourage (but not to require) formalities
> in this way.

Of course in all other common law jurisdictions, attorney's fees are not a bonus, they are automatic (unless an offer for settlement higher than the final damage award has been refused or a procedural mistake has been made by the plaintiff serious enough to defeat the presumption).

Statutory damages or aggravated damages are also available in the UK, Australia and New Zealand (what about Canada?). In addition punitive damages are available under common law. Neither is conditional on registration.

The whole point of Berne is that the author need do nothing beyond the creation of the work to get the full benefit of protection. I'm afraid I'll have to disagree here and maintain that the US really only went halfway here.

And then there's the whole calculation of the term of protection issue. Wouldn't it be nice if the whole world had one rule for calculating the term of protection for a given work.

Tim Arnold-Moore, LL.B. (Melb)        | Multimedia Database Systems, RMIT  |
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