Re: Copyright comments

[P3D Brian Reynolds <reynolds@xxxxxxxxx>]

Bob Maxie wrote:
> 
> Hello there, concerning copyrights, please
> keep in mind that the holder of a copyright
> must also make an ACTIVE effort to protect
> their copyright as well.
> 
> For example, if I put an image on the Web and I
> knew that it was being used elsewhere
> without permission and I make no attempt to
> stop it from being used, the courts might
> decide in favor of whoever used the image-
> not me, even though the image is mine. This
> would happen because I made no attempt to
> stop its use.
> 
> This point is lost on some people and has
> been tried in the courts. I know that there are
> David White employees who surf the 3D
> postings on the Web and have seen
> reproductions of old Realist material and have
> not said anything.
> 

This is not correct.  You can not lose your copyright because you do
not actively defend it (assuming that when you do defend it you can
prove that you are the author of the work in question).  At worst you
may not receive as high a punitive award, but you will receive
compensation for all the illegitimate copies.

You can lose a trademark if you do not defend it (e.g., Xerox).

You might want to check out the Copyright FAQ (see my earlier message
for a pointer to it).

DISCLAIMER: I am not a lawyer. If you need legal advice talk to a
lawyer.

-- 
Brian Reynolds     | "Knowledge, Sir, should be free to all!"
reynolds@xxxxxxxxx |  -- Harcourt Fenton Mudd
NAR# 54438         |     "I, Mudd"


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