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

From: Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au>
Date: Mon, 23 Mar 1998 10:52:50 +1100

Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> 17 USC sec. 412 by its terms suggests that if you don't register, you
> don't get the enhanced remedies. Thus, while you don't *have to*
> register under 411(a), it may still be a good idea. [Is there caselaw
> rejecting this reading of 412?]
>
> Whether it is the imposition of a formality is a tougher question.
> It is true that your entitlement to certain benefits depends on
> registration.

I think only US lawyers have trouble with this ;-) It doesn't look like a tough question to me. It is an imposition of a formality, plain and simple. It was a compromise to get the US into Berne. The tough question is whether it was a necessary or is an acceptable compromise.

Tim Arnold-Moore, LL.B. (Melb)        | Multimedia Database Systems, RMIT  |
tja[_at_]mds.rmit.edu.au  B.Sc.(Hons Melb) | 723 Swanston St    -----------------
Tel: +61 3 9282 2487   Fax: ..2490    | Carlton 3053       |  simul iustus 
    http://www.mds.rmit.edu.au/People/Tja/tja.html         |   et peccator 
Received on Sun Mar 22 1998 - 23:53:18 GMT

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