[ilds] infringement: the law

Bruce Redwine bredwine1968 at earthlink.net
Mon Jun 4 11:06:29 PDT 2007


What is the date of the law?  When was it enacted?  That may be a loophole for LD.  I'm not a lawyer, but it seems to me that under these guidelines, which may only apply to CVG, Lawrence Durrell is clearly in violation of U.S. copyright law -- and probably the U.K.'s too.  The only question is one of "willfulness," or intent, that is, did he deliberately violate the law.  It could be argued that he didn't compile the MS of CVG that Faber publish, in which case I forgive him but I doubt if a court would.

Bruce

-----Original Message-----
>From: Michael Haag <michaelhaag at btinternet.com>
>Sent: Jun 3, 2007 6:11 PM
>To: ilds at lists.uvic.ca
>Subject: [ilds] infringement: the law
>
>The equivocations of academics are a glory to behold; I am gaining a 
>new respect for lawyers.
>
>I am looking at The Writers' and Artists' Yearbook, published by A&C 
>Black, London, and this is what it tells me about US copyright law:
>
>Criminal proceedings in respect of copyright
>* Anyone who infringes a copyright wilfully and for purposes of 
>commercial advantage and private financial gain shall be fined not more 
>than $10,000 or imprisoned for not more than 3 years, or both.
>* Following a conviction for criminal infringement a court may in 
>addition to these penalties order the forfeiture and destruction of all 
>infringing copies and records, together with implements and equipment 
>used in their manufacture.
>* It is also an offence knowingly and with fraudulent intent to place 
>on any article a notice of copyright or words of the same purport, or 
>to import or distribute such copies.  A fine is provided for this 
>offence of not more than $2500.
>
>There are also civil remedies that copyright holders can pursue in the 
>courts.  These include injunctions, impounding books, destroying books, 
>obtaining damages and a share of profits.
>
>Although I do not immediately see infringement defined in accordance 
>with American law, the yearbook does outline infringement as it might 
>be viewed by a British court, and I would guess that an American court 
>would not take so very different a view.  'Infringement may occur where 
>an existing work provides the inspiration for a later one, if copying 
>results, eg by including edited extracts from a history book in a 
>novel. ... Infringement will not necessarily be prevented merely by the 
>application of significant new skill and labour by the infringer.'
>
>:Michael
>
>



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