Jeffrey Fisher on 31 Jul 2000 08:48:33 -0000

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Re: <nettime> <knettime> Terror of consumption

> From:
> Date: 29 Jul 00 11:34:32 MDT
> To:
> Subject: <nettime> <knettime> Terror of consumption

> -------------------------------------------------------------------
> With copyrights, any work you produce is automagically copyrighted.
> You need not apply, register, or do anything, not even write
> "Copyrighted by Craig Brozefsky" on it.  If you don't want it
> copyrighted you must explicitely put it into the public domain, or die
> and then wait 70 years.  Obviously the latter solution is not going to
> be practical for a prolific artist seeking to avoid the taint of the
> IP regime.
> --------------------------------------------------------------------

true, but there are advantages to registration, which is why, for instance,
the national writers union encourages all its members to register copyright.
from the us copright office web site:


       In general, copyright registration is a legal formality intended to
make a public record of the basic facts of a particular copyright. However,
registration is not a condition of copyright protection. Even though
registration is not a requirement for protection, the copyright law provides
several inducements or advantages to encourage copyright owners to make
registration. Among these advantages are the following:

* Registration establishes a public record of the copyright claim.

* Before an infringement suit may be filed in court, registration is
necessary for works of U. S. origin.

* If made before or within 5 years of publication, registration will
establish prima facie evidence in court of the validity of the copyright and
of the facts stated in the certificate.

* If registration is made within 3 months after publication of the work or
prior to an infringement of the work, statutory damages and attorney's fees
will be available to the copyright owner in court actions. Otherwise, only
an award of actual damages and profits is available to the copyright owner.

* Registration allows the owner of the copyright to record the registration
with the U. S. Customs Service for protection against the importation of
infringing copies. For additional information, request Publication No. 563
from: Commissioner of Customs, ATTN: IPR Branch, U. S. Customs Service, 1300
Pennsylvania Avenue, N. W., Washington, D.C. 20229.

* Registration may be made at any time within the life of the copyright.
Unlike the law before 1978, when a work has been registered in unpublished
form, it is not necessary to make another registration when the work becomes
published, although the copyright owner may register the published
edition, if desired.



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