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

I thank Mr.Ochoa for taking the time to share his expertise of American law with me. He is much more optimistic about the ability of courts to redress wrongs than I am. And, I am sure that other non-Americans reading the thread are also receiving a salutary lesson in how different laws can be in other countries despite being signatories to the same international treaty.

Would I fare much better under Canadian copyright law? I am advised that I most definitely would:

First, an 'underlying content' concept would not, I am told, apply to this matter in Canada given the nature of the copying. I would need solely to provide a preponderance of evidence that his material was 'derived from' my published recordings, as opposed to his having listened to my recordings then learned how to play the music himself. My counsel feels that, as a foreigner in an American court against an American citizen who has followed American procedures, I would have to establish my case well beyond that.

Second, on winning in Canada, I am entitled to statutory damages. Canada has implemented the Berne moral rights in creative work, which apply even if I give my recordings away, as in fact I do. (If my actual loss were greater, I would have to establish that to claim it, as in the USA.)

Third, on winning in any convincing way in Canada, I would be awarded my costs.

However, contingency fees are not permitted in Canada - I would have to pay all the costs up front, then recover them in an independent action (in the USA in this case). That's why, as a retiree on a non-capitalised pension, I have in fact no practical redress in this matter. I agree with Mr.Ochoa that this part of my problem is not unique to copyright law. But, international complications such as I face are, I suspect, much more common with copyright matters than with most areas of law. And, they can only increase in the near future, given the explosive growth of communications technology.

John Sankey
<bf250[_at_]freenet.carleton.ca> Received on Wed Mar 25 1998 - 19:34:29 GMT