Comments on: Asked and Answered: What good is having a copyright if I don't have money to sue an infringer? http://firemark.com/2009/09/28/asked-and-answered-what-good-is-having-a-copyright-if-i-dont-have-money-to-sue-an-infringer/ Theatre, Film, Television, Music & New Media Sat, 24 Jul 2010 00:22:36 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Gordon Firemark http://firemark.com/2009/09/28/asked-and-answered-what-good-is-having-a-copyright-if-i-dont-have-money-to-sue-an-infringer/comment-page-1/#comment-146 Gordon Firemark Tue, 29 Sep 2009 18:30:27 +0000 http://firemark.com/?p=513#comment-146 Competent copyright attorneys know how hard these cases can be. It's pretty rare for attorneys to take copyright infringement cases on a so-called 'contingency fee'. The fact is, these cases are very complex, have many possible pitfalls, and can be very costly to pursue. Moreover, unless statutory damages are available, proving "actual damages" can be a tremendous challenge. So, while it's 'possible' a lawyer might take on a good statutory damages case for a part of the recovery, it's anything but a slam-dunk. Also... "Pro Bono" is an abbreviation of "pro bono publico", which means "for the benefit of the public". Representing a single plaintiff in a copyright suit rarely serves the public at large. Moreover, we attorneys DO handle matters pro-bono. Generally, they're matters of OUR choosing, that serve a charity or other purpose we favor, usually NOT individual copyright plaintiffs. Competent copyright attorneys know how hard these cases can be. It’s pretty rare for attorneys to take copyright infringement cases on a so-called ‘contingency fee’. The fact is, these cases are very complex, have many possible pitfalls, and can be very costly to pursue. Moreover, unless statutory damages are available, proving “actual damages” can be a tremendous challenge.

So, while it’s ‘possible’ a lawyer might take on a good statutory damages case for a part of the recovery, it’s anything but a slam-dunk.

Also… “Pro Bono” is an abbreviation of “pro bono publico”, which means “for the benefit of the public”. Representing a single plaintiff in a copyright suit rarely serves the public at large. Moreover, we attorneys DO handle matters pro-bono. Generally, they’re matters of OUR choosing, that serve a charity or other purpose we favor, usually NOT individual copyright plaintiffs.

]]> By: Gordon Firemark http://firemark.com/2009/09/28/asked-and-answered-what-good-is-having-a-copyright-if-i-dont-have-money-to-sue-an-infringer/comment-page-1/#comment-145 Gordon Firemark Tue, 29 Sep 2009 18:24:05 +0000 http://firemark.com/?p=513#comment-145 Al - Registration is effective as of the date the forms are received by the copyright office. Protection actually exists from the moment the work is created, regardless of registration. The registration is only REQUIRED if you're suing someone, and if done early, allows for attorneys fees and statutory damages. There's no reason to fear showing the work around, as long as registration is filed within 90 days of first publication (meaning sharing with any member of the public). Al –

Registration is effective as of the date the forms are received by the copyright office. Protection actually exists from the moment the work is created, regardless of registration. The registration is only REQUIRED if you’re suing someone, and if done early, allows for attorneys fees and statutory damages.

There’s no reason to fear showing the work around, as long as registration is filed within 90 days of first publication (meaning sharing with any member of the public).

]]> By: Alfred Brown http://firemark.com/2009/09/28/asked-and-answered-what-good-is-having-a-copyright-if-i-dont-have-money-to-sue-an-infringer/comment-page-1/#comment-144 Alfred Brown Tue, 29 Sep 2009 17:15:22 +0000 http://firemark.com/?p=513#comment-144 Another thought. I would think a competent copyright attorney would know pretty much up front if a case has sufficient merit and the possibility of a payoff is good and go with the pennyless client. Might said attorney think it a good business deal to forego up front fees? Attorneys are encouraged to do pro-bono work by their Associations as a service to the community and, I'm thinking such work should be a business deductable expense. And might also prove profitable. Another thought. I would think a competent copyright attorney would know pretty much up front if a case has sufficient merit and
the possibility of a payoff is good and go with the pennyless client. Might said attorney think it a good business deal to forego up front fees? Attorneys are encouraged to do pro-bono work by their Associations as a service to the community and, I’m thinking such work should be a business deductable expense. And might also prove profitable.

]]> By: Alfred Brown http://firemark.com/2009/09/28/asked-and-answered-what-good-is-having-a-copyright-if-i-dont-have-money-to-sue-an-infringer/comment-page-1/#comment-143 Alfred Brown Tue, 29 Sep 2009 17:01:46 +0000 http://firemark.com/?p=513#comment-143 So, if during that "up to a year" time it may take for the Copyright office to get to your application, and someone does plagirize your work, will the plagirist get off free since the registration has not been officially registered as yet? Does the registration get dated at the time of application or at the end of that process? Then, mighten that tricky time gap be at a disadvantage to the original writer? He can't dare to get his work out into the market without a fear of someone possibly using the time gap to his advantage. A bit paranoid admittedly, but those possibilites would exist, I would think. So, if during that “up to a year” time it may take for the Copyright office to get to your application, and someone does plagirize your work, will the plagirist get off free since the registration has not been officially registered as yet? Does the registration get dated at the time of application or at the end of that process? Then, mighten that tricky time gap be at a disadvantage to the original writer? He can’t dare to get his work out into the market without a fear of someone possibly using the time gap to his advantage. A bit paranoid
admittedly, but those possibilites would exist, I would think.

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