Federal Courts requires minimum claims for damages. You can't just file a lawsuit in Federal court for damages of $10 (for example). The federal courts in the U.S. threshold is something like $75,000 (somewhere around those numbers). Every country has their own thresholds for cases. The Berne Convention does not have any effect on internal operations of country's court system and what minimum threshold of financial claims that must be brought forth. We all know that the Courts may or may not award all of the claims that the party filing the lawsuit would be claiming for. It can be more. It can be less. It is quite often less. Actually, it is the damages that a person can file for. http://www.sfwa.org/2013/02/the-benefits-of-copyright-registration/ https://www.copyright.gov/circs/circ01.pdf You do have to register before suing. The Berne Convention doesn't prohibit that requirement. You don't need to be registered for copyright to be in effect but you do need to register it to initiate a lawsuit. U.S. joined the Berne Convention in 1988/1989. This is the Berne Convention Implementation Act of 1988. https://copyright.gov/title17/92appk.pdf Here's the Berne Convention Act of 1886 as amended on September 28, 1979. http://www.wipo.int/wipolex/en/treaties/text.jsp?file_id=283698 In order to get the benefit of statutory damages & attorney fees, you'd want to have work registered. Unregistered work that are not registered in a timely manner from becoming initially aware of the work being infringed would result in being limited to "actual damages" and "profits of the infringer that are attributable to the infringement". The latter is harder to prove and support. Most of the time, the damages claimed at that point is "actual damages" which is hard to prove but can be reasonably substantiated by a sharp reduction on sales. Arguments would be made by the infringer that your loss of sales is just a loss of interest. Sure.... loss of interest.... sure loss of interest in buying it when someone can get it for free. Therefore, registering the work, and you can elect for statutory damages. There are benefits for pursuing registration. As noted in the U.S. Copyright office Circular #1, transfer of copyright is valid only by the copyright owner or duly authorized agent of the copyright owner. There must be a written and signed agreement. > > On August 31, 2017 at 6:41 AM firstname.lastname@example.org wrote: > > Am Donnerstag, 31. August 2017, 12:47:53 CEST schrieben Sie: > > > > > > On 31.08.2017 12:27, smf wrote: > > > > > > > > > > On 29/08/2017 20:16, email@example.com > > > > > > firstname.lastname@example.org wrote: > > > > > > > > > > > > > > There's no point in suing someone for copyrights unless the work would > > > > currently generate significant revenue and the damages are sufficient > > > > for a legal case. Bottom line, if it isn't worth it enough to bother > > > > with registering the copyright, it's probably not worth it to file > > > > lawsuits. > > > > > > > > Agree? > > > > > > > > > > > > > > People do file cases without registering the copyright, so I don't > > > think you can draw that conclusion. > > > > > > > > > > As far as I have understood, in the US you can only file for > > compensation of damages / lost sales for registered copyrights, but you > > can always stop improper use of your copyrighted works whether they are > > registered or not. > > > > > > that would violate the berne convention > > -- > > http://www.hitmen-console.org http://magicdisk.untergrund.net > http://www.pokefinder.org http://ar.pokefinder.org > > It is essential to understand that everybody sucked in the beginning. > > <Kristofer Dahl> > > Message was sent through the cbm-hackers mailing list > Message was sent through the cbm-hackers mailing listReceived on 2017-08-31 20:00:03
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