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A

amazing103

Guest
If a person designs a website on Ebay and uses some of someone else's html codes, which he had a copyright insignia at the bottom of his site, can he be sued for property intellectual if he never actual filed for copyright protection?
Thank you
 


T

T-DESIGNER

Guest
"When is my work protected?

Your work is under copyright protection the moment it is created
and fixed in a tangible form so that it is perceptible either directly
or with the aid of a machine or device."


Source: http://www.copyright.gov/faq.html


"COPYRIGHT REGISTRATION

In general, copyright registration is a legal formality intended to
make a public record of the basic facts of a particular copyright.
However, registration is not a condition of copyright protection.
Even though registration is not a requirement for protection, the
copyright law provides several inducements or advantages to
encourage copyright owners to make registration. Among these
advantages are the following:

* Registration establishes a public record of the copyright claim.

* Before an infringement suit may be filed in court, registration is
- necessary for works of U. S. origin.

* If made before or within 5 years of publication, registration will
- establish prima facie evidence in court of the validity of the
- copyright and of the facts stated in the certificate.

* If registration is made within 3 months after publication of the
- work or prior to an infringement of the work, statutory
- damages and attorney's fees will be available to the copyright
- owner in court actions. Otherwise, only an award of actual
- damages and profits is available to the copyright owner.

* Registration allows the owner of the copyright to record the
- registration with the U. S. Customs Service for protection
- against the importation of infringing copies. For additional
- information, request Publication No. 563 "How to Protect Your
- Intellectual Property Right," from: U.S. Customs Service, P.O.
- Box 7404, Washington, D.C. 20044. See the U.S. Customs
- Service Website at customs.gov for online
- publications.

Registration may be made at any time within the life of the
copyright. Unlike the law before 1978, when a work has been
registered in unpublished form, it is not necessary to make
another registration when the work becomes published, although
the copyright owner may register the published edition, if desired."


Source: http://www.copyright.gov/circs/circ1.html#cr
 

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