PEACE ON EARTH GOODWILL TOWARD PEOPLE ON THE LIST.
chris m williams
Steve Laifman wrote:
> 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 cared to re-register out-of-date shop manuals for products they do not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 manufacture, or paper they do not publish, do you.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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