Re: [Leica] Web Image Theft on EBAY

[Mark Rabiner <mrabiner@concentric.net>]

Frank Conley wrote:
> 
> I have no idea what this case is about, but much of the information is
> confused. Copyright infringement is always at least a civil matter (a
> tort).  17 U.S.C. 501(b) details the mechanisms by which an owner of a
> copyright may file a civil suit, and 28 U.S.C. 1338 expressly refers to
> civil actions arising under the
> copyright act.
> 
> Under certain circumstances copyright infringement may also be a
> federal crime.  A copyright infringement is subject to criminal
> prosecution if infringement is willful and for purposes of commercial
> advantage or private financial gain.  17 U.S.C. 506(a).  If the offense
> consists of the reproduction or distribution, during any 180-day
> period, of 10 or more copies having a retail value of more than $2,500,
> the offense is a felony; otherwise, the offense is a misdemeanor.  18
> U.S.C. 2319.
> 
> Thus, the federal government prosecutes violations of the law meeting
> certain standards, while you can bring an action yourself for a more
> limited infringement.
> 
> You need not register your works with the copyright office in order to
> receive copyright protection. however, there are certain benefits you
> get with registration, and you must register before you can file suit.
> However, copyright protection is immediate in a work as soon as the
> work is put into a tangible medium.
> 
> By the way, the FBI does not "enforce" any laws, nor do the police
> "enforce" laws.  Prosecutors enforce laws. Police and the FBI (and the
> FBI is merely a federal police agency) investigate crimes, and then
> report their findings to a prosecuting attorney (either a state
> District Attorney, or a United States Attorney) for a decision on
> whether or not to prosecute. The prosecutor has discretion to determine
> which cases to prosecute and which to not, based upon available
> resources, etc.
> 
> --Frank Conley, Esq.
><snip>
Frank! everything here makes perfect sense and I'm not taking exception with any
of it.
But here is my main take on this issue based on some professional seminar i went
to or an article in Cosmo read in a doctors office:
It is highly recommended that artists have a copyright layer specifically.
Copyright law is a complex and unobvious specialization of law which very few
layers specialize in.
Copyright law is quirky and not obvious even to good noncopyrite layers as well
as Judges.
If you causally ask a noncopyrtie lawyer some copyright advice they will most
often give you the wrong advice.
I think copyright lawyers have to explain it to the judge as what the law says
as that is supposed to be the issue in a court of law.
Mark Rabiner