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   Author  Topic: registration timing  (Read 413 times)
tomo
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registration timing
« on: Jan 20th, 2006, 1:41pm »
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Am I correct when I say the following:
 
In order to be eligible for statutory damages and attorney fees in a copyright infringment case, if the copyrighted work is unpublished, then registration must occur before infringment, without exception or grace period.
 
?
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Isaac
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Re: registration timing
« Reply #1 on: Jan 20th, 2006, 2:21pm »
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Your statement is not quite correct.
 
412. Registration as prerequisite to certain remedies for infringement
 
In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a) or an action instituted under section 411(b), no award of statutory damages or of attorney's fees, as provided by sections 504 and 505, shall be made for  
 
(1) any infringement of copyright in an unpublished work commenced before the effective date of its registration; or
 
The exception for moral rights actions per 106(A) could apply to an infringed, unpublished work.   It's a pretty tiny exception though.
 
I think I could construct an example where the exception under 411(b) was applicable.   Maybe in the case of an intercepted transmission that otherwise would not have been published.  Probably a tiny, tiny exception.
 
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Isaac
tomo
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Re: registration timing
« Reply #2 on: Jan 20th, 2006, 2:31pm »
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And if I have a copyright on something that is unregistered, is it correct that I can sue for actual damages and profits at any time after infringement with or without registering.
 
If this is the case, I dont really understand statutory damages.  I know that it is nice to have attorney fees paid, but aren't most statutory damages (other than those for willful misconduct) simply a judge's guess as to what were close to actual damages?  Is it the desire for atty fees and potential punitive-like damages to go after statutory damages?
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