Re: [Full-disclosure] Email Disclaimers...Legally Liable if breached?

[Ray P <sixsigma98@xxxxxxxxxxx>]

Thanks for the clarification. "Actual damages" and "profit" would be very 
difficult to quantify in most cases. If I remember correctly, "profit" is what 
the infringer made off the infringed work; it is not "loss of profit" on the 
creators part. Do you agree?


Date: Thu, 11 Oct 2007 22:23:17 -0700
From: gimmespam@xxxxxxxxx
To: sixsigma98@xxxxxxxxxxx
Subject: Re: [Full-disclosure] Email Disclaimers...Legally Liable if breached?
CC: full-disclosure@xxxxxxxxxxxxxxxxx

On 10/11/07, Ray P <sixsigma98@xxxxxxxxxxx> wrote:

There is a good reason. There are two types of copyrights in the US: implicit 
and registered. For a long time now, a work receives an implicit copyright at 
the instant it is created. If someone violates an implicit copyright, the 
owner's only legal recourse is to go to court and get an order to stop the 
infringing use. Zero dollar damages.

 
I know a little about copyright law. While it is true you can get statutory 
damages if the work is registered before any infringement occurs, you can still 
get actual damages and profit if you didn't register before the infringement.


The copyright fee used to be $20 per. 
 
I believe it's $45 now.
 

Imagine if you couldn't send an email until the contents had been filed, fee 
paid and a registration document received. Not only would email get really 
expensive, it wouldn't be very timely. :-)

 
If you file within three months after creation, you can still get statutory 
damages, even if the infringement occurs before you filed. That gives you the 
ability to publish immediately, then file later if you need to. Though it would 
be expensive to pre-register all your emails. <g>

 
If an email is forwarded and it causes actual damages, you may be able to 
recover those damages in court, even without a copyright notice. However, a 
notice would make it more likely that you'll win.

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