Posted by James Agenbroad on July 08, 1998 at 07:04:11:
In Reply to: Importation of good into the United States posted by KD on July 04, 1998 at 17:16:26:
: I have an intellectual property law question. I am a Canadian law student, and I am wondering whether, under American Law, if it is illegal for a Canadian to sell works in Canada, which might wind up in the United States and cause an infringment on an existing American copyright. In such a case, who would liability be imposed upon? Upon the original Canadian manufacturer, or upon the individual who actually imports the good to the U.S.? Is the Canadian manufacturer's knowledge of the infringment an integral component of liability?
: In addition, what is the statutory basis for imposing liability?
: Any assistance would be greatly appreciated.
Um, is this for right that copyright holders have in the US
and not in Canada? Otherwise, couldn't one sue in Canadian
court under the Berne convention, which would grant Canadian
copyright protection for any material copyrighted in the U.S.