incorrect copyrights registration

[LinxUs]

What is the name of your state? NY

a company filed a lawsuit against me regarding their IP. in their complaint they list they have copyrights (and give registration numbers) and u.s. certificates of it. when i looked up their copyrights, its actually for other, supplementary, items. the items are similar in title except they aren't as they are claiming were infringed in the lawsuit. is that legal to do? would this be dismissed based on the info? can i myself pursue a lawsuit on this grounds?

 

[divgradcurl]

a company filed a lawsuit against me regarding their IP. in their complaint they list they have copyrights (and give registration numbers) and u.s. certificates of it. when i looked up their copyrights, its actually for other, supplementary, items. the items are similar in title except they aren't as they are claiming were infringed in the lawsuit. is that legal to do? would this be dismissed based on the info?

Honestly, I have no idea what you are talking about here. Maybe you could slow down, and explain in some detail what the issue is -- it is not clear from your description.

 

[LinxUs]

response

okay,

they are saying i violated their copyright to their instructor manual to financial management: theory and practice, they claim that it is
TX0006434924, check in u.s. copyright search. it says financial management: theory and practice, textbook. no mention of it being the instructor manual. when i try to look up the manual i can't find it online at the us copyright search!!! unless they have have it registered with the textbook (2 works registered under 1 copyright), they purposefully filed it to look like they have a u.s. copyright certificate for it, the manual, when they don't!!

that is pure deception and regardless of what they claim, they have no right to do that??

 

[FlyingRon]

Chances are if you're infringing on one text in the series, you are infringing on others. Doubtful there is any intentional deception here. Either you are misunderstanding the complaint or they made a simple clerical error which isn't going to make a difference in the long run. They have secured registration for the whole series.

 

[LinxUs]

response again

they are alleging i infringed on their instructor's manual to accompany the textbook. perhaps i didn't read the complaint clearly, but the momemtum on their part is this manual being the sole item. the only mention of the textbook is to say that the manual is for this textbook, otherwise its never mentioned. again

what do u mean by series? you mean subsequent editions? i asked early, can more than 1 work fall under a single copyright certificate?

unless they pulled it or filed it elsewhere, they do not list any such manual being copyrighted in the u.s. copyright office.

 

[You Are Guilty]

they are alleging i infringed on their instructor's manual to accompany the textbook. perhaps i didn't read the complaint clearly, but the momemtum on their part is this manual being the sole item. the only mention of the textbook is to say that the manual is for this textbook, otherwise its never mentioned. again

what do u mean by series? you mean subsequent editions? i asked early, can more than 1 work fall under a single copyright certificate?

unless they pulled it or filed it elsewhere, they do not list any such manual being copyrighted in the u.s. copyright office.

Unless your actual defense is that you didn't infringe, these procedural issues will be meaningless (presuming the case was filed in Federal District court).

 

[LinxUs]

damages

isnt it the difference between statutory damages and not? as i understand it only statutory can be awarded with us certificates of copyright..

 

[FlyingRon]

isnt it the difference between statutory damages and not? as i understand it only statutory can be awarded with us certificates of copyright..

It only requires registration. There's no such thing as a "certificate of copyright." It's a certificate of registration. They no doubt have already registered it as there are texts, solutions manuals, instruction manuals and other related materials already registered.

 

[LinxUs]

response

as said earlier, if it is a clerical error, they put the textbook registration when they meant the instructor manual, it doesn't really matter? in checking at copyright.gov, they dont have it for this edition they alleged was infringed. they have a manual for the 9th edition, but not the 10th or 11th, that they came was infringed. is this registration hiding, or taken out?

 

[FlyingRon]

No it doesn't matter. YAG already told you that. They will be free to correct the mistake at anytime up to and DURING the trial.