Re: FAQ copyright violation

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Vicki Richman (vicric@panix.com)
Mon, 29 Jul 1996 21:56:02 -0400 (EDT)


Mama Lani has written:

> Keep in mind you *could* spend a little bit of money (probably around
> $100) to hire a lawyer to write a cease and desist letter. THAT will put
> the fear of god into the guy. Believe me. It will also show others that
> you mean business.

You could also spend less than $100 to register the document
with the U.S. Copyright Office.

Registration allows you to collect at least $100,000 in
statutory damages and legal costs for copyright
infringement. For that kind of judgment, you could easily
find a lawyer who will take your case on contingency.

No FAQ is in the "public domain," which means there is no
copyright on the document. In the absence of any written
contract to the contrary, any document is copyrighted by the
human author, by default.

The copyright owner may sell -- "lease" is a better word --
certain rights to the document. The copyright owner may also
give away certain rights without collecting a fee. But
giving away specific rights does not give away the
copyright. Nor does it deny the owner the right to reclaim
the waived rights.

Registration does not establish ownership. The author is the
copyright owner, without taking legal action. However,
registration allows the author to claim statutory damages
and legal costs.

Lacking registration, the author may claim only actual
damages, which are always difficult to prove, and which are
not likely to attract a lawyer.

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Vicki Richman vicric@panix.com National Writers Union
Bedford, Brooklyn NY PGP 2.6 UAW Local 1981, AFL/CIO
"You are about to witness an experiment: the effect of electricity on Wood."
-Frederick Wood, the last person electrocuted by the State of New York.
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