Re: Aphorisms and Copyright

On Thu, August 20, 1998, Bruce Hayden <bhayden[_at_]ieee.org> wrote:
>
> Robert Cumbow <cumbr[_at_]perkinscoie.com> wrote:
> <Discussing instances of rejected copyright registrations>
> >
> > The rejected applicant's recourse is to write a letter of appeal.
> > There is no formal review process, and there is no set form required
> > for the appeal. A simple letter setting forth reasons why copyright
> > registration should be granted is sufficient. Sometimes a
> > well-pleaded letter is successful.
>
> But why appeal? Don't you get the same benefits by filing and
> being rejected as you would get if you filed and the registration
> was accepted (at least for statutory damages and attys fees)?

I don't think so. You are entitled to bring a lawsuit for copyright infringement if you applied for registration and were refused; but I don't think you get election of damages unless you have a registration.

Bob Cumbow
Perkins Coie LLP
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Thu Aug 20 1998 - 22:34:43 GMT