Archived posting to the Leica Users Group, 2004/05/20

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Subject: [Leica] fraud on the LUG
From: dorysrus at mindspring.com (Don Dory)
Date: Thu May 20 18:54:25 2004

Tim,
I appreciate the correction.  It is my understanding that even
unregistered works are eligible for economic restitution.  If the
economic damages are enough then you can afford a lawyer: if the
potential damages are large enough then the server operator doesn't want
to be a part of the game.

Don
dorysrus@mindspring.com

-----Original Message-----
From: lug-bounces+dorysrus=mindspring.com@leica-users.org
[mailto:lug-bounces+dorysrus=mindspring.com@leica-users.org] On Behalf
Of Tim Atherton
Sent: Thursday, May 20, 2004 3:46 PM
To: Leica Users Group
Subject: RE: [Leica] fraud on the LUG


> powerless unless Guido does a Ted on the perp.  For those of you who
> quibble about being registered, that only applies to non economic
> damages.

Not at all correct - registering allows for (in the right circumstances)
the
application of statutory damages AND recover of legal costs.

Among (several) other things it means that a lawyer might take your case
on
a contingency basis. Without registration you will be hard pressed to
get a
lawyer to take the case at all unless you are willing to put plenty of
moolah up front to cover the costs. And if you want to go any further
than
merely issuing a lawyers letter, it is going to end up costing you
rather a
lot very quickly - probably more than the lawyer will recover for you.

registration of copyright (either as unpublished works or within 90 days
of
publication) is an absolute must for any professional photographer if
they
wish to protect their images. Without it, you have virtually lost before
you
have started in any infringement case. (BTW "published" in the context
of
copyright registration basically means "made public" in whatever form)

tim


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Replies: Reply from timatherton at theedge.ca (Tim Atherton) ([Leica] Copyright Registration (was: fraud on the LUG))
In reply to: Message from timatherton at theedge.ca (Tim Atherton) ([Leica] fraud on the LUG)