On Thu, Mar 25, 1999, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> I just had an article published by the Duke Law Journal (with Eugene
> Volokh). Despite the fact that we retained copyright, the editors
> apparently stripped out our copyright notice, and put their own
> copyright notice on the cover.
>
> I have no intention of suing them, but it strikes me that this sort
> of situation may well violate new section 1202. The act was clearly
> deliberate, so it seems that liability would depend on whether the
> editors knew or should have known that doing this would "enable or
> facilitate" infringement. I don't expect they intended to infringe
> the copyright themselves, but I would also be willing to bet that
> they would grant reprint permission to our article without contacting
> us. Wouldn't this be "enabling infringement"?
Was there no publishing contract with the Journal?
Diane Cabell
cabell[_at_]mama-tech.com
http://www.mama-tech.com/
Fausett, Gaeta & Lund, LLP
21 School Street, 3rd Floor
Boston, MA 02108
617 227 1600
Received on Fri Mar 26 1999 - 15:47:18 GMT
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