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

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Thu, 19 Mar 1998 12:50:15 -0800 (PST)

On Thu, 19 Mar 1998, Edward Barrow <edward[_at_]plato32.demon.co.uk> wrote:
>
> 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)?

No. You're limited to the standard U.S. remedy of actual compensatory damages.

> 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.

Most torts in the U.S. do not provide for attorney's costs.

--
Terry Carroll       | "I think I might not use the Bambi example
Santa Clara, CA     | anymore."  - Keith Teare, President of 
carroll[_at_]tjc.com     | Centraal Corporation, as quoted by Reuters at
Modell delendus est | <http://biz.yahoo.com/finance/980312/internet_a_1.html>
Received on Thu Mar 19 1998 - 20:50:20 GMT

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