Re: Copyright Infringement Happening at Conference Group - Help!

From: Dan L Burk <BURKDANL[_at_]shu.edu>
Date: Mon, 20 Jul 1998 11:58:13 -0400

On 07/17/98, Brigid S. Delaney <wiredheart[_at_]hotmail.com> wrote:
>
> I'm having trouble understanding why an application for copyright would
> be rejected.

If the work is non-statutory subject matter, or if you are not the author.

> After all, when you submit work to the copyright office (say Form TX
> for nondramatic literary work) isn't the assumption made that you are
> indeed the creator of said work?

Yes, however the office does a search to see if you are blatantly attempting to register someone else's work.

> I can't imagine this happening - but what if you originated a work -
> and submitted it for copyright registration and someone else obtained
> a copy of that work and also attempted to register the work fraudently
> under his name?

If the Office staff found the previous registration, the registration would be rejected. If they didn't catch it (and they don't have a big staff, and don't to exhaustive searches, so they very well might not) the problem would have to be ironed out in court if and when the registration ever became material to litigation.



Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu
Received on Mon Jul 20 1998 - 15:51:13 GMT

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