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

[David Chessler]

If the copyrighted article has been REGISTERED, then statutory damages apply.
If the SCA registers the names of its subdivisions, than each infringing
T-shirt is $10,000, which can add up. There is no need to prove actual
damages.
--

YIS

Davitt il Bigollo da Pisa
Erudit de l'Academie de Espee de Atlantia
Storvik (rapier)
Roxbury Mill (other things) 

------ Original Message ------
Received: Fri, 24 Jul 2009 03:33:36 PM EDT
From: "Wolf SilverOak" <wolfsilveroak at cox.net>
To: "'Garth G. Groff'" <ggg9y at virginia.edu>,
<Atlantia at seahorse.atlantia.sca.org>
Subject: Re: [MR] One step too far! (Duane Moore)

> However, a 'Cease and Desist' letter would certainly get their attention.
> Might not do much good, but...
> 
> -Wolf
> 
> Semper Fi, Once a Marine, Always a Marine.
> Without Chaos, there can be no Order.
> http://wolfsilveroak.insanejournal.com- Wolf's Den blog
> http://wolfsilveroak.deviantart.com- DeviantArt page
> http://www.1000markets.com/users/dantesspirit - Dante's Spirit at
> 1000Markets
> http://DantesSpirit.etsy.com - Dante's Spirit Etsy Shop
> 
> 
> -----Original Message-----
> From: atlantia-bounces at seahorse.atlantia.sca.org
> [mailto:atlantia-bounces at seahorse.atlantia.sca.org] On Behalf Of Garth G.
> Groff
> Sent: Friday, July 24, 2009 3:14 PM
> To: Atlantia at seahorse.atlantia.sca.org
> Subject: Re: [MR] One step too far! (Duane Moore)
> 
> 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 
> 
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