Originally posted by Joss Weatherby
Copyright is natural in any country that has signed the Berne Convention. Any works created by a person is naturally copyrighted by the shear fact that they created them. You are thinking of trademark, which has to be registered and protected in any country that you want to use it for you to lay claim to it.
Really? You're seriously trying to correct me on this subject?
Although you don't have to register to own a copyright in a work that you create, you do (if you're American) have to register with the Copyright Office in order to file an infringement suit:
quote:
[N]o civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.
17 U.S.C. § 411(a).
Even for non U.S. works, registration is required in order for statutory damages to be available as a remedy. See 17 U.S.C. § 412.
Dec-03-2011 18:05
srussell0018
Chaostician
Registered: Dec 2006
Location: Blumsberg
Maybe the law is different in Nou's parents' basement. Let's not jump to the conclusion that he was just talking out of his ass and literally has no idea about the validity (or lack thereof) of what he's talking about.
Nou:
Dec-03-2011 18:09
Lira
Moderator Marcus Secundus
Registered: Nov 2001
Location: Brasilia, Brazil Formerly known as: Maaz
quote:
Originally posted by Meat187
Why is the hippie solution for everything a new law? It's not the government's job to protect attention whores from being stupid.
God damn hippies and their laws protecting the stupid! If someone's stupid enough to share a road with a drunk driver, it's their fault if they get killed! If someone's stupid enough not to prevent a robbery with intelligence and wit, and have all their valuable goods stolen because they didn't keep everything in a safe-house, so much the worse for them!
If this woman doesn't know how to keep her head inside the bus, her problem - no one should sue to bus company, the driver or, for that matter, her neck:
And, in a heartwarming finale, I hope I could show your argument is as invalid as this kid:
This picture is so cute though, even with Germans in it
Dec-03-2011 18:15
Joss Weatherby
young & cold
Registered: May 2008
Location: The Ruins of Rome | Cascadia
Re: Re: Re: Re: Re: Oh,
quote:
Originally posted by Arbiter
Really? You're seriously trying to correct me on this subject?
Although you don't have to register to own a copyright in a work that you create, you do (if you're American) have to register with the Copyright Office in order to file an infringement suit:
17 U.S.C. § 411(a).
Even for non U.S. works, registration is required in order for statutory damages to be available as a remedy. See 17 U.S.C. § 412.
Yes, because the way you stated it made an implication that you would have to register copyright to protect it and that no protection existed before registration. Besides, you left out the most important part of 411(a) which says that registration is only an issue when it doesn't fall under 106A(a), which it clearly does.
Dec-03-2011 18:15
Lira
Moderator Marcus Secundus
Registered: Nov 2001
Location: Brasilia, Brazil Formerly known as: Maaz
Re: Re: Re: Re: Re: Oh,
quote:
Originally posted by Arbiter
Really? You're seriously trying to correct me on this subject?
I have to admit this is one of the things I like about Nou: It doesn't matter if you're in law school, or if I'm a PhD candidate in linguistics, if he thinks he's right he's going to criticise us in our own fields of expertise until we can make our points really clear (though, sometimes, not even then ). That's definitely a good thing in society.
Dec-03-2011 18:22
Joss Weatherby
young & cold
Registered: May 2008
Location: The Ruins of Rome | Cascadia
Re: Re: Re: Re: Re: Re: Oh,
quote:
Originally posted by Lira
I have to admit this is one of the things I like about Nou: It doesn't matter if you're in law school, or if I'm a PhD candidate in linguistics, if he thinks he's right he's going to criticise us in our own fields of expertise until we can make our points really clear (though, sometimes, not even then ). That's definitely a good thing in society.
I was right though.
Dec-03-2011 18:24
srussell0018
Chaostician
Registered: Dec 2006
Location: Blumsberg
Re: Re: Re: Re: Re: Re: Oh,
quote:
Originally posted by Lira
I have to admit this is one of the things I like about Nou: It doesn't matter if you're in law school, or if I'm a PhD candidate in linguistics, if he thinks he's right he's going to criticise us in our own fields of expertise until we can make our points really clear (though, sometimes, not even then ). That's definitely a good thing in society.
Nou is not a part of society though, he lives in a basement, has no job, and doesn't pay taxes.
Dec-03-2011 18:28
Vector A
Supreme tranceaddict
Registered: Apr 2011
Location: U.S.
Just don't drown in the flood.
Dec-03-2011 18:30
Joss Weatherby
young & cold
Registered: May 2008
Location: The Ruins of Rome | Cascadia
Also, while Arbiter was joking I am sure (I really hope so) people have attempted to sue for copyright to remove images from the possession of others. Look at the recent leak of nude pics of Scarlett Johansson. Her attorneys started firing off DMCA notices to websites posting her content. If anything that just made the pictures more viral.
Dec-03-2011 18:30
Arbiter
Naked Power Organ
Registered: May 2002
Location:
quote:
Originally posted by Joss Weatherby
Yes, because the way you stated it made an implication that you would have to register copyright to protect it and that no protection existed before registration.
I don't know where you got that idea--I wrote that they would have to register to file infringement suits for $150,000 (statutory damages), which they do.
quote:
Besides, you left out the most important part of 411(a) which says that registration is only an issue when it doesn't fall under 106A(a), which it clearly does.
Section 106A applies only to "works of visual art," which are defined in Section 101 as follows:
quote:
A “work of visual art” is—
(1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or
(2) a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.
(emphasis mine)
Dec-03-2011 18:33
Lira
Moderator Marcus Secundus
Registered: Nov 2001
Location: Brasilia, Brazil Formerly known as: Maaz
Re: Re: Re: Re: Re: Re: Re: Oh,
quote:
Originally posted by srussell0018
Nou is not a part of society though, he lives in a basement, has no job, and doesn't pay taxes.
Fair enough, his presence in society would make it more effective then