Sorry, to carry this on, but I really think we must behave in a
reasonable manner towards each other, and try to be constructive. So,
I'll try to had some light, instead of heat.
First, let me state that I am not the attorney in the family. That's my
son (who has had some copywrite and patent experience as an intern, my
daughter-in-law, who has not, and my brother-in-law who is the managing
director of a very prestigious DC Patent and Trademark law firm.
Having established that I am NOT the authority, I have had some advice.
There is a difference between "plagiarism", which could involve passing
someone else's non protected work off as your own (like in term papers)
and violation of a copywrite. To successfully enforce a copywrite, you
must first have one. There are laws in place regarding how a work can
be "copywrited", which is not quite the same thing as "registered trade
mark". In fact, older works copywrite can expire fairly rapidly. I
believe it was twenty years back in the '60's, when a new law was passed
extending it substantially. However, prior works had to be
re-registered, or they didn't get the extension. Many did not. You
really don't think that the subsequent owners of Rootes, in France,
cared to re-register out-of-date shop manuals for products they do not
manufacture, or paper they do not publish, do you.
Another issue is "Fair Use", in which a person may liberally quote from
another's work for purpose of commentary. "Liberally" is loosely
defined, as is "commentary".
Another criteria is causing the copywrite holder to suffer a financial
loss. If a violation had indeed occurred, the remedy may not be more
than "cease and desist", unless financial harm had been done. If the
use was not sold, or otherwise used to sell something else, the cost of
litigation would not bear any financial gain. Usually "cease and
desist" will occur with a personal demand by the holder of the rights.
Each case has it's own circumstances, and applications of the law are
made by previous case law, as well. So it is hard to give generalized
guidance.
OK,
That's my two cents, and this isn't Rocket Science, so I don't hold any
credentials here, even by family relationship. Just my layman's
understanding. So, constructive criticism only, please. Enlightenment
is the goal, not heat. Anybody out there actually practicing copyright
law willing to comment?
Steve
--
Steve Laifman < Find out what is most >
B9472289 < important in your life >
< and don't let it get away!>
http://www.TigersUnited.com/gallery/SteveLaifman.asp
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