[MR] One step too far! (Duane Moore)

[Garth G. Groff]

Lord Effingham,

No it isn't, and I really didn't state that well. What is the same is 
that it would be nearly impossible to prove actual damages, which is all 
you are allowed to collect (no punative damages). The art was not 
commercial in the first place, so there are no lost sales, which is what 
the court would be looking at. In addition, it would be very costly to 
mount a suit. And a judge would not be pleased to hear such a case. The 
little guy has almost no protection under the current law, given the 
costs and what can be recovered.

Kind regards,


Mungo Napier, Archer of Mallard Lodge



Anthony Bryant wrote:
>
> On Jul 24, 2009, at 1:31 PM, Garth G. Groff wrote:
>
>> Friends,
>>
>> Allow me to add my own experience to this. A number of years ago I 
>> self-published a small local history book and sent copies for review 
>> to several local newspapers. One refused a review, but used quotes 
>> from my book in a review promoting somebody else's book about the 
>> same area (different aspect though). My book was copyrighted and 
>> registered. I checked with a copyright lawyer, and he thought I had a 
>> case, but told me a copyright violation is a Federal matter. I could 
>> only sue for actual damages, which were minimal and unprovable. He 
>> also pointed out that the case would have to be heard in regular 
>> Federal court, as there is no Federal small claims court. Any judge 
>> who had to take time for such a trivial matter would not be pleased 
>> to have his time wasted when he had more important criminal cases on 
>> his docket. I think this shirt would probably fall into a similar 
>> category.
>
>
> On the contrary -- I don't think an article in a local newspaper is 
> the equivalent of mass-produced T-shirts being sold in a nation-wide 
> chain of a major department store.
>
>
>
> Effingham