Re: copyright

Yes... a genuine attorney represented me.  The reason I could register your
work is if your work wasn't already registered, no one would know that you
authored it unless you already registered it.

I also won the case and my work was not registered prior to that.  I
registered my work after the fact. I won the case because I had a clear
exhaustive paper trail as proof that I authored the work.
The defendant couldn't prove otherwise as he didn't have all of the research
documented I put into it.

In fact, early in the case, it was pointed out that he could register that
work and if he did so and I had not registered it already, it would be in
his name and I would have no case save for the fact that I had the
documentation to prove that I did the work.

Teajai Kimsey
Managing Partner
Budget Website Design
www.budgetwebsitedesign.com
>From Concept to Completion & Beyond ~
316.944.8700
----- Original Message -----
From: "Al Sessions" <al(at)oldforgefd.org>
To: <hwg-techniques(at)hwg.org>
Sent: Thursday, July 25, 2002 9:20 PM
Subject: Re: copyright


> At 04:20 PM 7/25/2002 -0500, T. Kimsey wrote:
> >Again, I had this very experience yes you can sue, yes you can get
damages
> >even if it's not registered....
>
> I'm curious, was this in the US? The US Copyright Office seems quite clear
> on this issue, and I quote:
>
> "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."
>
> As far as meta tags go, providing the tags are accurate I don't think the
> poster has a chance,
>
> "Several categories of material are generally not eligible for federal
> copyright protection. These include among others:
>
> Works that have not been fixed in a tangible form of expression (for
> example, choreographic works that have not been notated or recorded, or
> improvisational speeches or performances that have not been written or
> recorded)
>
>       Titles, names, short phrases, and slogans; familiar symbols or
> designs; mere variations of typographic ornamentation,     lettering, or
> coloring; mere listings of ingredients or contents"
>
> I think the "titles, names, short phrases and slogans" is an apt
> description of meta tags.
>
> source: http://www.loc.gov/copyright/circs/circ1.html#cr
>
>
>
> -----------------------------------------
> Al Sessions
> al(at)oldforgefd.org
> http://www.fultonchaindesign.com/mt (personal weblog)
>

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