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

My original post was intended as an answer to rmday[_at_]chat.carleton.ca, and I obviously oversimplified the advice I got here with regard to options in the USA.

A more complete version is: that I understand that I would have to prove beyond any reasonable doubt: a) that our files were similar, b) that they were not derived from a common (third) source, c) that his were derived from mine, not the other way around, and d) that he did it with criminal or malicious intent. Failure in any of these four would mean that I would not have a chance of recovering legal expenses, while all he has to do is to send a letter to the court saying "I contest this", enclosing a certified copy of his copyright deposition certificate.

Given sufficient funds for expert witnesses recognised as such by a US court, I should in fact have little difficulty in proving the first three, but I am told that I would be unlikely to succeed in the 4th. One reason: most MIDI programs do not recognize text fields of any sort, and follow the MIDI standard which says to ignore unrecognized fields on input. He thus could claim that he never saw the notice. He also can quote his belief, widely posted on Usenet, that he is entitled to copy out-of-copyright compositions underlying recordings and to claim his copyright after trivial modifications. Despite any error in his belief, I am told it would protect him against a fraud finding.

The average trial in Canada today runs $38,000 in costs; a foreigner in a distant US court would be unlikely to stay below the average. So, I would lose my life savings, while he would walk off with a tap on the wrist. That's what I condensed as "he will win". I agree with Edward Barrow that, "Protection in respect of which attorney's costs cannot be recovered is no protection at all."

I also agree when he comments that, "This (with earlier posts) highlights a problem with the US registration provisions." I've so far published some 800 works (with probably some 8000 more available). The Internet is all countries on this earth. $20US times 800 times {the number of countries on earth} is a lot more than a "formality" - it is precisely what Berne was set up to stop.

So, I hope you can understand my feelings if I end: copyright law is in fact a vehicle for legal intimidation, not for recourse.

John Sankey
<bf250[_at_]freenet.carleton.ca> Received on Mon Mar 23 1998 - 22:08:56 GMT