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Re: LEGAL DEPOSIT OF BOOKS



Please unsubscribe me.

On Thu, 29 May 1997 00:39:38 -0400 "Michael E. Morin"
<ba202@FREENET.BUFFALO.EDU> writes:
>At 11:36 AM 5/28/97 -0400, you wrote:
>>>This is indeed 'all wet'.  It provides no legal protection
>whatsover.
>>>
>>>Derek L.
>>>
>>Derek---I'd be interested in seeing the authority for your statement.
>My
>>understanding is that the registration does not *confer* rights but
>just
>>provides conclusive (I guess) proof of the latest possible date of
>>creation. The unregistered copyright is just as valid as the
>registered
>>one. The problem is proof of date. Any other probative evidence of
>date can
>>also be used but may not be conclusive.  The failure to register
>injects a
>>fact issue into the case which may be found against the creating
>artist but
>>this is a question of evidence, not a question of the legal validity
>of the
>>copyright. Obviously registration is the safest way to go and pretty
>well
>>closes the door on the date question. But failure to register does
>not, in
>>and of itself, sink the ship.
>>
>>Sam L.
>>Sam Lanham (slanham@hctc.net)
>>
>I think a key point needs to be made about the real need to register
>your
>copyright or not.
>
>If XYZ Corp. knowingly steals an original copyrighted work of yours
>and
>makes a million dollars with it, you better hope that it is
>registered. If
>it isn't, you still have the right to inform XYZ Corp. that the work
>is
>yours, and is under copyright protection and you do not give your
>permission
>for XYZ Corp. to profit from your work by continuing to use your work.
> This
>is the usual cease and desist letter. You can not demand payment of
>their
>profits from your work prior to this notifcation, even if you in prove
>ownership in court.  If however, you have registered your copyright
>and
>someone steals you works knowingly, you have the right tostop XYZ
>Corp.*AND*
>(THIS IS THE IMPORTANTANT PART) you also have the right to claim any
>profits
>made by XYZ Corp. from the first violation of the copyright. Without
>registration, you can only lay claim to profits AFTER notifcation.
>
>It's a legal fight any way you slice it but the cash outcome can be
>very
>different.
>
>A good intellectual property lawyer will tell you that mailing
>manuscripts
>and notebooks to yourself is a complete waste of time and postage.  It
>has
>no legal standing.  The practice of having your notebooks notarized
>was once
>common among scientists and inventors but It took the inventor of the
>laser
>25 years to realized his claim that way.  Even though he produced a
>working
>laser before his two competors, they got the the Noibel Prize for
>their
>patented design.  The true inventor had the idea and the device first,
>but
>he was second to register his patent. Only by days.  His original
>design
>patent was approved, challenged, taken away the Patent Office and
>after 25
>years, returned by the same Patent Office after a long legal battle.
>No joy
>ride.  I think his first royalty was 25 million or so.
>
>Register if you what full protection.
>
>Regards,
>
>
>**************************************************
>      M I C H A E L   M O R I N                  M.F.A., M.L.S.
>    Director Celtic Press                Instructional Media Librarian
>     Buffalo  New York                   D'Youville College Library
>-------------------------------------------------------------------
>                           ba202@freenet.buffalo.edu
>-------------------------------------------------------------------
> Member Buffalo Free-Net Information Development Committee
>       Member Buffalo Free-Net Executive Board of Directors
>**************************************************
>


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