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Comments

  • geordie_joe
    geordie_joe Posts: 9,112 Forumite
    1,000 Posts Combo Breaker
    I think you are talking about Registered Copyright which is not quite the same thing. You do not have to register copyright in the USA or this country so there is nothing to stop a copyright holder suing for copyright infringement whether it is registered or not. The outcome may depend on how easily you can prove you own the copyright (where registration may help but is neither necessary or compulsory) but I think in most cases that shouldn't be too difficult.

    Been through this on another forum, and read the relevant US laws. it is almost impossible to start a copyright infringement law suit unless you have registered the copyright.

    Quote
    § 411. Registration and infringement actions10

    (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title.
    unquote.

    You must also have issued a "Cease and Desist" letter first.
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b),

    Doesn't this mean an author of a work doesn't need registration if it's a violation of their rights?
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • superscaper
    superscaper Posts: 13,369 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Presumably it would be UK copyright law that would cover what the OP did.
    "She is quite the oddball. Did you notice how she didn't even get excited when she saw this original ZX-81?"
    Moss
  • geordie_joe
    geordie_joe Posts: 9,112 Forumite
    1,000 Posts Combo Breaker
    Doesn't this mean an author of a work doesn't need registration if it's a violation of their rights?

    No, not really.

    106a deals with visual art, basicaly saying you don't need to have registered the copyright to start legal preceding for the following.

    the author of a work of visual art —

    (1) shall have the right —

    (A) to claim authorship of that work, and

    (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create;

    (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

    (3) subject to the limitations set forth in section 113(d), shall have the right —

    (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and

    (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

    (b) Scope and Exercise of Rights. — Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.
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