4 ms·
No, that's not correct. Registering helps in establishing ownership but it is NOT necessary to bring a suit. Even more importantly, the vast majority of copyri
by throwaway09223 3y ago
No, that's not correct. Registering helps in establishing ownership but it is NOT necessary to bring a suit.
Even more importantly, the vast majority of copyright claims aren't litigated in a court at all. Most are handled by extrajudicial processes such as the DMCA takedown process. You do not have to register to issue a DMCA takedown.
Furthermore, right now people just register before bringing their suit because they have 5 years to do so. The proposal above is a lot different than what you're suggesting and the law doesn't work as you're describing.
- freejazz 3y ago>No, that's not correct. Registering helps in establishing ownership but it is NOT necessary to bring a suit. It is. You don't seem to know what you are talking about. https://www.afslaw.com/perspectives/alerts/supreme-court-copyright-registration-required-bring-suit#:~:text=Before%20filing%20a%20lawsuit%20in,refusal%20to%20register%20the%20work https://www.afslaw.com/perspectives/alerts/supreme-court-cop...). >Even more importantly, the vast majority of copyright claims aren't litigated in a court at all. Most are handled by extrajudicial processes such as the DMCA takedown process. You do not have to register to issue a DMCA takedown. Service providers don't take things down in the absence of any proof of a copyright. >Furthermore, right now people just register before bringing their suit because they have 5 years to do so. The proposal above is a lot different than what you're suggesting and the law doesn't work as you're describing. You have unlimited time to register. It's not 5 years. You just need to register prior to bringing a suit.
- throwaway09223 3y ago> It is It is not, as explained by your own link. You should read your own link. Registering makes it enormously easier and nearly everyone will register prior to bringing a suit, but it is absolutely not required -- again, as your link clearly explains. Furthermore, your point is academic because what people do in practice is simply register just prior to bringing a suit (after the infringement takes place) > Service providers don't take things down in the absence of any proof of a copyright. Yes they do - in fact the DMCA requires them to do so. > You have unlimited time to register. It's not 5 years. You just need to register prior to bringing a suit. The 5 years matters, but yes, this is why your point about registering is entirely without merit.
- freejazz 3y ago>It is not, as explained by your own link. You should read your own link. Registering makes it enormously easier and nearly everyone will register prior to bringing a suit, but it is absolutely not required -- again, as your link clearly explains. Oh so you're making a point about the narrow exceptions that generally don't apply? I'm not going to engage in a bad faith conversation like this. If you are suing over a US work, the only way to bring suit is to have a registration, been refused a registration, or, as you seem to think is an incredibly important distinction, is a VARA work. Do you litigate copyrights? Where exactly are you coming from on this? >Yes they do - in fact the DMCA requires them to do so. No, they wont in the absence proof of ownership of a work which is conventionally reflected in a registered copyright. >The 5 years matters, but yes, this is why your point about registering is entirely without merit. No, it doesn't.