Re: Aphorisms and Copyright

On 8/20/98, Bruce E. 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 believe that the rejection would be enough to get into the courthouse without the certificate in hand, but not necessarily the two advantages you mention.

I would hazard two other guesses as reasons for pursuing registration: (1) There is one benefit of a copyright registration certificate which you did not mention, namely, the presumptions of validity, etc. This isn't enormous, since they're merely shifting the burden of proof, not conclusive, but an advantage nonetheless. (2) If one wanted to pursue a lawsuit against the Register, one would probably have to exhaust the administrative remedies first.

I leave it to others to do the cost-benefit analysis.

S. Martin Keleti
<keleti[_at_]manifesto.com> Received on Thu Aug 20 1998 - 23:29:22 GMT