Re: Harpsichordist (Was: web-publishing & copyright...)

John Sankey <bf250[_at_]freenet.carleton.ca> wrote:
>
> Perhaps my situation has some relevance.
>
> 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.
>
> I have zero practical remedy except to use a search engine
> occasionally to search for his files, to explain the situation
> to the site manager, and to ask that they be removed. At least
> half the time, the creep is notified, a screaming match with
> the creep ensues, and the site manager takes us both off the
> site.
>
> I'm told that if I go to the USA and sue, he will win because of
> his registration. If he were to turn up here in Canada, all
> I'd have to do is to haul a harpsichord into the courtroom and
> I'd win. But, even then, I'd lose my life savings in legal
> fees because I'd never be able to collect anything across the
> border.
>
> I've got over a thousand thank you notes from people who
> appreciate my recordings, and a dozen pupils from one on a
> farm in the middle of Texas to one in Siberia. But, I've also
> got the creep.
>
> Take your pick.

This (with earlier posts) highlights a problem with the US registration provisions. As a citizen of a Berne country which (like almost all Berne countries with the exception of the US) has no provision for registration, I am entitled to protection in the US according to the principle of national treatment. As the posts to this list have made clear, were I a US citizen I would be well advised to register my copyright so that I could obtain attorney's fees and aggravated damages in any litigation.

Does this apply to non-US citizens? That is to say, if my UK copyright material were infringed in the US, which would require litigation in the US courts, would I be able to claim costs and aggravated damages despite not having registered (in either jurisdiction)?

The damages in copyright litigation are almost always small compared with the costs. It is a requirement of Berne that protection should not be conditional on any formality. Protection in respect of which attorney's costs cannot be recovered is no protection at all.

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