Let me again point out a web site that provides readable,
accurate, and current information on copyright law,
especially with respect to the internet.
The URL is http://www.benedict.com/
The person running the site is a US copyright lawyer.
You own a copyright with or without the notice when you
create a work. Period! However, in the US, you have the
right to sue only if you register the copyrighted work.
In order to collect statutory damages, you must register
within 3 months of creation of the work. Look on the
site under "Registration".
If you can't collect statuatory damages, you can only collect actual damages. The big deal here is that somebody
like Disney, who has registered their work, can collect
statutory damages for any infringement, meaning "You use
Mickey Mouse, you can pay a $100, 000 judgement".
Disney doesn't have to show you profited from the use or
anything else, just that you used it without their
permission. Only the "fair use" clause can be used to
escape the judgement, and that isn't very generous.
Check the web site under "fair use". |
