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Thread: Small claims court for copyright cases?

  1. #11
    Alan Klein's Avatar
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    Re: Small claims court for copyright cases?

    Quote Originally Posted by domaz View Post
    I imagine you can sell your debt to a debt collection agency, maybe getting a fraction of the reward yourself but something. Bill collectors are still sending letters to someone at my address who hasn't lived here in 15 years at least, they don't give up as easily as you think.
    Probably his ex-wife.

  2. #12
    Eric Woodbury
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    Re: Small claims court for copyright cases?

    I've always heard that a simple copyright is nearly worthless, whereas a register copyright is a slam dunk good thing. Still, you must find the violation. There are companies that will do this for you for half.

    This is heresay.

  3. #13
    multiplex
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    Re: Small claims court for copyright cases?

    Quote Originally Posted by Eric Woodbury View Post
    I've always heard that a simple copyright is nearly worthless, whereas a register copyright is a slam dunk good thing. Still, you must find the violation. There are companies that will do this for you for half.

    This is heresay.

    I've pretty much given up ...

  4. #14
    multiplex
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    Re: Small claims court for copyright cases?

    I was just sipping my 530am coffee and watching a TV courtroom show . There was a young person there who was a photojournalist who was hired by an online publication to photograph this guy who was a known actor in action movies. the publication paid her for her image, the guy took the image from the publication and put it on his website/tweeter feed or whatever he did and didn't pay her to use it or give her a by-line, and she was suing for $5,000. He didn't deny it, and he was happy to admit it and said "it was a photo of me so I posted it" the photographer said "its copyrighted and watermarked and he used it without my consent and didn't credit or pay me" immediately the judge asked ( like every judge will ask ) for the proof of copyright registration (no BS like "I clicked the shutter so it's automatically copyrighted" or " I put the little c next to it" to "I watermarked it" .. the photographer didn't have it, she didn't copyright any of her work in actuality, and the judge dismissed the case (as every judge will do). So registration you're outta luck, so whether you are on a TV courtroom, Judge Judy, The People's Court or the one in your local county, if you want to sue for copyright infringement, you better have the registration form cause if you don't and just say stuff like "it's automatically yada yada yada" ... you'll waste your time.

  5. #15
    Corran's Avatar
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    Re: Small claims court for copyright cases?

    Copyright FAQ (excerpt):

    When is my work protected?
    Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

    Do I have to register with your office to be protected?
    No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

    Why should I register my work if copyright protection is automatic?
    Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

    Source:
    https://www.copyright.gov/help/faq/faq-general.html


    ________
    Copyright IS granted at the moment of creation, but a lawsuit needs registration. How someone can get all the way to pleading their case w/o doing that is beyond me - it doesn't have to be registered before the infringement.
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  6. #16
    multiplex
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    Re: Small claims court for copyright cases?

    Quote Originally Posted by Corran View Post
    Copyright FAQ (excerpt):

    When is my work protected?
    Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

    Do I have to register with your office to be protected?
    No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

    Why should I register my work if copyright protection is automatic?
    Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

    Source:
    https://www.copyright.gov/help/faq/faq-general.html


    ________
    Copyright IS granted at the moment of creation, but a lawsuit needs registration. How someone can get all the way to pleading their case w/o doing that is beyond me - it doesn't have to be registered before the infringement.
    beyond small claims, it won't go to court because no lawyer will take the case if it isn't registered and no judge will help you if you take it to small claims. no one wants to waste their time or money
    with someone that says "I created it so it's automatically copyrighted" nonsense .. the problem is people see the "copyrighted at moment of creation" BS and they believe it, think they are protected, but in reality they will find out fast they are pretty much toast if there's no registration .
    VA form is cheap and easy, and if you are in a "rush" for a special price they can speed up your processing.

  7. #17
    Alan Klein's Avatar
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    Re: Small claims court for copyright cases?

    Quote Originally Posted by Paul Ron View Post
    as for the 60 day opt out... yes that's what i meant but worded wrong.


    no lawyers is a good point. i thinkmit may also deter some theft since its easier to sue this way. although it may open a can of worms if frivolous suits start flooding the courts setting crazy presedents for copyrights.

    winning is one thing, collecting is another. generally when you win n the defendant doesnt pay, the win has a bench lien of 20 years or something like that and is renewable. but its up to you to get a collector involved to get your money. the coloectors can garnish salery n freeze bank accounts. but who bothers to follow up? it takes time n money.

    instacrap n those types of sites generally have terms that indemnify them from suits n make anything posted on the site their property they can use in their overseas s ites you may not be aware of... or have time limits stating abandoned property rites most posters never read. thats a good point to be aware of.

    the best protection you have is to post only junk you dont care about getting stolen... unless you are hoping to be discovered via your stolen works.
    Does the twenty years apply to Federal cases trial awards involving intellectual property in general? Can it be renewed after twenty years have passed?

  8. #18
    Alan Klein's Avatar
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    Re: Small claims court for copyright cases?

    Quote Originally Posted by jnantz View Post
    beyond small claims, it won't go to court because no lawyer will take the case if it isn't registered and no judge will help you if you take it to small claims. no one wants to waste their time or money
    with someone that says "I created it so it's automatically copyrighted" nonsense .. the problem is people see the "copyrighted at moment of creation" BS and they believe it, think they are protected, but in reality they will find out fast they are pretty much toast if there's no registration .
    VA form is cheap and easy, and if you are in a "rush" for a special price they can speed up your processing.
    Registration seems to eliminate questions about when it was created, who shot it, etc. Without registration, how will the court even know the plaintiff owns it?

  9. #19
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    Re: Small claims court for copyright cases?

    As was stated in the FAQ, while copyright is granted at creation, one needs the registration for litigation.

    This makes sense, because if copyright was not granted at creation, there would be a period of time where it was free to use. This would cause a lot of issues.

    In the case referenced above, it's clear the plaintiff did not read past the first sentence of the FAQ.
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  10. #20
    Alan Klein's Avatar
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    Re: Small claims court for copyright cases?

    When you register a photo, do you have to include a copy of it with the registration? What about videos? What about edited photos where some are cropped let;s say? Do you have to register each variation? What about videos that are essentially movies. Do both the original takes and the final editions have to be copyrighted?

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