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

From: Terry Carroll <carroll[_at_]tjc.com>
Date: Mon, 23 Mar 1998 10:11:37 -0800 (PST)

On Mon, 23 Mar 1998, Timothy Arnold-Moore <tja[_at_]mds.rmit.edu.au> wrote:
>
> [conditioning attorney's fees and statutory damages on registration] is
> an imposition of a formality, plain and simple.

It's an imposition of a formality on an additional extraordinary remedy, not as a condition of exercising the rights in the copyright. Without registration, you're still allowed your the standard remedy of actual damages.

It's difficult for many English-based countries to realize that attorney's fees _are_ an extraordinary remedy in the U.S., because of the standard in those countries to award attorney's fees to the prevailing party.

--
Terry Carroll       |  "I know the Great Lakes.  I've traveled the 
Santa Clara, CA     |  Great Lakes.  And Lake Champlain is not one of
carroll[_at_]tjc.com     |  the Great Lakes." - U.S. Senator John Glenn reacts
Modell delendus est |  to 33 U.S.C. 1122 as amended by Pub.L. 105-160
Received on Mon Mar 23 1998 - 18:11:41 GMT

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