New owner of former map DE_Tent now DE_Tent Grand central Station
LeFtY ?
Copy write law:
Copyright occurs automatically when both of two conditions are satisfied:
1. the creation of an original work and
2. "fixation of that work in any tangible medium of expression."
17 USC ?? 101, 102(a), 302(a).
Loading copyrighted material into a computer's semiconductor memory does create a fixation that satisfies the legal test for copying.
MAI Systems Corp. v. Peak Computer, Inc., 26 U.S.P.Q.2d 1458, 1464 (1993), 991 F.2d 511, cert. dismissed, 510 U.S. 1033, 114 S.Ct. 671 (1994).
The current law in the USA requires neither a notice of copyright (e.g., "Copyright 1997 Ronald B. Standler") nor registration of the work with the U.S. Copyright Office. 17 USC ?? 401(a), 407(a), 408(a). However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". 17 USC ?401(d). And if a work is registered, then:
1. the registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. 17 USC ?410(c).
2. the author may file suit for infringement of the copyright. 17 USC ?411(a).
3. the author may seek an award of statutory damages between US$ 750 and US$ 30 000 (i.e., the author is entitled to money from the infringer, without the author needing to show financial loss from the infringement). If the infringement was "willful", the statutory damages can go as high as US$ 150 000. 17 USC ??412, 504(c).
4. a court may require the infringer to pay all of the attorney's fees of the author. 17 USC ??412, 505.
An author of a copyrighted work has the following exclusive rights conferred by 17 USC ?106:
1. to reproduce the work (e.g., to make copies)
2. to prepare derivative works (e.g., translation, abridgment, condensation, adaptation)
3. to distribute copies to the public (e.g., publish, sell, rental, lease, or lending)
4. to perform the work publicly
5. to display the work publicly
Note~ the infringer (LeFtY) cannot be touched if the work has been in TWHL Map Vault and if the work was uploaded on the 18 Dec 06 at 16:47The Berne Convention for the Protection of Literary and Artistic Works, Article 6bis(1), states:
Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.
Unfortunately, the U.S. national law does not recognize such "moral rights" of authors (except for the special case of authors of visual art, such as paintings, 17 USC ? 106A), although such rights for all authors are clearly specified in The Berne Convention for the Protection of Literary and Artistic Works quoted above, and despite the claim of the U.S.A. that, since 1 March 1988, the national law in the U.S.A. complies with the Berne Convention. 17 USC ?104(c).
Works of the U.S. Government (e.g., statutes, opinions of federal courts) are not protected by copyright inside the U.S.A. 17 USC ?105.
LeFtY ?