On 3/17/98, John Sankey <bf250[_at_]freenet.carleton.ca> wrote:
>
> I've been recording early harpsichord music for the net for some
> years now, in Canada according to Canadian copyright rules (no
> registration).
>
> A creep in the USA has downloaded most of my files, erased the
> copyright notice in them (it is in the MIDI file field defined
> for that purpose, in the manner defined), rubber-banded the
> contents, and has not only reposted them as his own work, but
> has apparently registered the whole lot according to USA law.
>
[snip]
>
> I'm told that if I go to the USA and sue, he will win because of
> his registration.
DISCLAIMER: I am not an attorney, and anything I say below should be verified by competent counsel.
What you were told is untrue. Registration is prima facie evidence of copyright validity, but it is rebuttable:
"To establish an infringement of a copyright, a plaintiff must show both ownership of a copyright and that defendant copied the protected material without authorization. [citation] The Copyright Act makes a certificate of registration from the U.S. Register of Copyrights prima facie evidence of the valid ownership of a copyright, see 17 U.S.C. @ 410(c), though that presumption of ownership may be rebutted, see Hasbro Bradley, Inc. v. Sparkle Toys, Inc., 780 F.2d 189, 192, 228 U.S.P.Q. (BNA) 423 (2d Cir. 1985)."
Rogers v. Koons, 960 F.2d 301, 306 (2d Cir. 1992).
Fraud, if it can be proved, in the application to the Copyright Office would be sufficient to defeat any claim of validity.
Moreover, assuming that this person did remove your copyright notice, in the US he would be in violation of section 506(d) of the US Copyright Act which says:
"Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500."
He could also be guilty of violation 506(c) which prohibits the fraudulent placement of a false copyright notice. He could also be guilty of criminal infringement, section 506(a).
I don't know who told you that you have no claim in the US, but if it is a US attorney, I advise you to see another one, and if it is not an attorney, then my advice would be to seek legal counsel, either Canadian with a good knowledge of US law (if you want to sue in the US) or an American attorney.
You should, rightfully, be concerned with costs, the likelihood of success, and the ability of this person to pay any judgment.
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