Forum Moderators: not2easy
If I reside in Country A and register my copyright in Country B, and my copyright was infringed upon in Country C,... can I file a claims? If yes, which country?
If the above scenario is workable, then can I register my copyright in a country with the cheapest registration fees, and if any person in any country infringe upon my copyright, I can still file a claims with him.
What happens in other countries would only matter if acceptable as evidence of your ownership of the copyright.
In most cases, I doubt 'registration' of rights would be recognised outside the country of registration - for example, a US registration may be acceptible in a UK court as evidence; but it would not, on its own, be sufficient to win the case.
But the evidence you used in making the registration might help - that is, evidence that you were the originator of the work, or you had legitimately obtained those rights (eg by purchase from the originator).
I hope that makes sense!
What that page you linked to means is simply that mailing something to yourself is not the equivalent of a deposit-and-register copyright. When you _register_ a copyright, it entitles you to statutory damages (up to $150,000 for willful infringement, plus attorney's fees). If you don't register it, you can only get actual damages and an injunction. In practice, most web sites won't be able to prove actual damages. So without registration you're not going to be very credible if you are trying to shake down an infringer for a monetary settlement.
If I register my copyright in USA and the thief is in say...Africa, then am I still entitled to claim $150,000 for willful infringement?
[edited by: PowerUp at 5:27 pm (utc) on April 8, 2007]
the action you take - to have any effect - would need to be in the country of the thief.
No. Only in the United States. In any other country, it would be covered by the national copyright laws of that country. By the way, the last time I checked, Africa is a continent.
Then what's the point of registering my copyright in only 1 country, since thieves from other countries are free to infringe on my copyright with no penalty?
Registering in country where you are not resident, and do not have easy access to the legal system, is probably of little value.
Most countries, BTW, do not have a copyright registration system.
In ALL cases, you must weigh up the cost of registration - and the potential gains, against the cost of registration (including time), plus the risk of theft - and the likelihood of the thief having any money.
For many websites, registration is a nice idea, but not a useful tool of the trade.
The only reason that I could see for a non-US resident to get US registration would be valid government proof of a date of creation just about anywhere in the world. As Quadrille mentioned, most countries don't even offer copyright registration, so registering in the US might be a good idea to have a government paper as proof of a date.
Registering in one country (e.g. the US), helps you deal with thieves in that country; if you also live in that country, and therefore have access to the legal system, then registration may be a good idea, as it can bring clear financial advantage against the thief.Registering in country where you are not resident, and do not have easy access to the legal system, is probably of little value.
Most countries, BTW, do not have a copyright registration system.
In ALL cases, you must weigh up the cost of registration - and the potential gains, against the cost of registration (including time), plus the risk of theft - and the likelihood of the thief having any money.
For many websites, registration is a nice idea, but not a useful tool of the trade.
Yes, I do support the opinion above. Once in my life I needed to register in a foreign country and after I had calculated all the pluses and minuses, I ended up with the conclusion that it was much better to avoid the registration at all. It should have cost me enormous efforts and time. So think it over very well before you start.
Good luck,
John
Most countries, BTW, do not have a copyright registration system.
OMG, i just found out that my country doesn't have a copyright registration system. -.-
The recommended way in my country, according to a website, is to have it signed before a notary public.
[edited by: PowerUp at 3:42 pm (utc) on April 10, 2007]
The recommended way in my country, according to a website, is to have it signed before a notary public.
Very valuable advice for those experiencing the same troubles...
The recommended way in my country, according to a website, is to have it signed before a notary public.
Very valuable advice for those experiencing the same troubles...
I hate to burst your bubble, but in my country, the notary public will sign and date their signature according to any dates you wish to. You can write an article today, I come and copy your website tomorrow. Then I bring over to the notary public to have it backdated to last week.
This is what my company always does when the notary public signs and dates the financial statements of the company.
If the above scenario is workable, then can I register my copyright in a country with the cheapest registration fees, and if any person in any country infringe upon my copyright, I can still file a claims with him
You need to speak with an intellectual property attorney, who, unfortunately will have the motivation to charge you.
As I understand it, much intellectual property is protected by common law and generally doesn't require specific registration. e.g. an essay , story etc. Such cases may be protected under the provision of recognising the "sweat of the brow".
This famous Australian case with international implication sets out some of the logic and hints at complications that could occur in European and US jurisdictions, where local laws could be applied:
[findlaw.com.au...]
Copyright - Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd on appeal in the Federal Court
The decision of the appeal court - with Chief Justice Black and Justices Lindgren and Sackville sitting - is significant in that it builds upon the reasoning of Justice Finkelstein and clearly establishes that compilations of data can attract the protection of copyright as a literary work, on the basis of 'industrious collection' and that (in a departure from the law of copyright as developed in the United States) 'sweat of the brow' (or the expenditure of effort and expense) may be enough to satisfy the requirements of originality in Australia. The court observed, however, that the development in Europe of a separate database right, as well as the divergence of copyright law in the US and Canada, are issues that would be considered in any High Court appeal. The unsuccessful appellants have indeed sought leave to the High Court.
Much less easy protection is offered on a physical "gadget" unless it is protected under a date and recognition of it's uniqueness, which is where patents can come in handy.
Unfortunately, intellectual property doesn't protect against common outcomes by different processes. e.g. inventing the Video recorder [ Beta versus VHS systems ].
In the context of your question, any ruling on a breach of law must be brought in the jurisdiction of the offender. The subsequent enforcement of that judgement in another country will require a further Court Order taken out in that Country, provided there is a legitimate reason to do so.
Best to speak with a lawyer/attorney though .... maybe there's one on these posts.
