full-disclosure - Re: Email Disclaimers...Legally Liable if breached?

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Message-ID: <f3ddb5d0710112223k24e7e8b0wc2180c92b875ebc4@mail.gmail.com>
Date: Thu, 11 Oct 2007 22:23:17 -0700
From: Troy <gimmespam@...il.com>
To: "Ray P" <sixsigma98@...mail.com>
Cc: full-disclosure@...ts.grok.org.uk
Subject: Re: Email Disclaimers...Legally Liable if
	breached?

On 10/11/07, Ray P <sixsigma98@...mail.com> 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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