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[IP] more on Google to Offer News Archive





Begin forwarded message:

From: Harold Burstyn <harold.burstyn@xxxxxxxxxxx>
Date: September 11, 2006 3:02:58 AM JST
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on Google to Offer News Archive
Reply-To: burstynh@xxxxxxxxx

Sally Richards wrote:
... The only way that [republishing without permission]'s going to end is if there is some kind of law protecting content creators from companies that violate rights contracts. Writers currently have to prove damages, and with no way to audit microsales, how many times something has been accessed, for how much $$ and if it is originally what brought a surfer to the site (if so, what other purchases were made on that visit), damages cannot be physically proven.

That's not quite right. First, a U. S. author must register the copyright before charging infringement. Second, if the author registers either before the infringement or within three months of publication, the author can receive statutory damages and attorneys' fees on proof of infringement.

--
Harold L. Burstyn, Attorney-at-Law (NY & FL) and Registered Patent Attorney 216 Bradford Parkway, Syracuse NY 13224-1767, tel. (315) 445-0620, fax (509) 479-4103 Adjunct Professor, L. C. Smith College of Engineering & Computer Science, Syracuse University CST 4-104, Syracuse NY 13244-4100, tel. (315) 443-4375, fax (315) 443-2583
burstynh at iname.com  http://www.burstyn.net



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