Copyright Violation?

[Crackle]

What is the name of your state? Louisiana

If someone wrote a paper ( 7 pages long ) and that person intended for only one person to see and read this paper, but somehow someone else got ahold of it and published it online ( with the signature of the author scratched out; this is clearly seen at the website ), does the author have legal rights to sue the person who published his paper online without permission for copyright violation or theft of intellectual property?

Also, links to official records of these laws which were broken would be very much appreciated.

Thanks,
Crackle

 

[hexeliebe]

Links to what laws that were broken? You haven't given any grounds for a copyright infringement suit.

Just because you have written something doesn't mean it isn't fair game. Until such time as you present it in a public venue there is no copyright attached.

Sorry, you're whistling in the wind.

 

[Crackle]

Links to what laws that were broken? You haven't given any grounds for a copyright infringement suit.

Just because you have written something doesn't mean it isn't fair game. Until such time as you present it in a public venue there is no copyright attached.

Sorry, you're whistling in the wind.

Ok, thanks. The paper was only seen by one person so it was never publicly presented anywhere. Only two people ended up with copys, so we know who "sold out" and either gave the paper away or sold it. I was under the impression that whenever the paper was created, it became the owner's decision whether or not he wants it posted anywhere ( internet, on the street ).

Thanks for the answer.

Lata,
Crackle

 

[hexeliebe]

This is one of those life lessons.

Even if you could somehow prove the work was solely and completely your original work, and that you have sole ownership, what would you gain in suing another party? What damages have you suffered? How much would it cost you to bring a suit against the other party?

Sometimes you get the bear and sometimes the bear gets you. This one goes to the bear.

 

[divgradcurl]

"Until such time as you present it in a public venue there is no copyright attached."

hexeliebe, I must respectfully disagree -- publication hasn't been a requirement for copyright for many, many years. Ever since the enactment of the Copyright Act of 1976 (came into effect 1978, but for all practical purposes retroactive to 1963), copyright exists as soon as a work is "fixed in a tangible format." Therefore, writing the paper itself creates a copyright in the paper.

"Even if you could somehow prove the work was solely and completely your original work, and that you have sole ownership, what would you gain in suing another party? What damages have you suffered? How much would it cost you to bring a suit against the other party?"

This is 100% on the mark. Plus, before you could sue someone for copyright infringement, you would have to register the work with the U.S. Copyright office, which is even a few more $$$ out the door...

"Also, links to official records of these laws which were broken would be very much appreciated."

17U.S.C. 106 discusses the exclusive rights a copyright holder has in his work, 17 U.S.C. 501 talks about infringement, sections after 501 discuss remedies for infringement.